Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.6 - Telecommunications Services  

Division 474 - Telecommunications offences  

Subdivision B - Interference with telecommunications  

SECTION 474.7   Modification etc of a telecommunications device identifier  

(1)  
A person commits an offence if the person:


(a) modifies a telecommunications device identifier; or


(b) interferes with the operation of a telecommunications device identifier.

Penalty: Imprisonment for 2 years.

(2)  
A person is not criminally responsible for an offence against subsection (1) if the person is:


(a) the manufacturer of the mobile telecommunications device in which the telecommunications device identifier is installed; or


(b) an employee or agent of the manufacturer who is acting on behalf of the manufacturer; or


(c) acting with the consent of the manufacturer.

Note:

A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).

(3)  
A person is not criminally responsible for an offence against subsection (1) if:


(a) the person is, at the time of the offence, a law enforcement officer, or an intelligence or security officer, acting in the course of his or her duties; and


(b) the conduct of the person is reasonable in the circumstances for the purpose of performing that duty.

Note 1:

A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).

Note 2: This subsection merely creates a defence to an offence against subsection (1) and does not operate to authorise any conduct that requires a warrant under some other law.




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