Criminal Code Act 1995
Schedule
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The Criminal Code
Division 474
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Telecommunications offences
Subdivision B
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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.
(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.
(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.
Section 3
CHAPTER 10 - NATIONAL INFRASTRUCTURE Part 10.6 - Telecommunications Services
View history note
Hide history noteA 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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