Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p162
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 162/169)
Character Range: 1591529–1594321

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.

474.9  Producing, supplying or obtaining data or a device with intent to modify a telecommunications device identifier
 (1) A person commits an offence if:
 (a) the person produces, supplies or obtains any thing or data; and
 (b) the person does so with the intention that the thing or data be used:
 (i) by the person; or
 (ii) by another person;
  in committing an offence against subsection 474.7(1) (modification of a telecommunications device identifier).
Penalty: Imprisonment for 2 years.
 (2) A person may be found guilty of an offence against subsection (1) even if committing the offence against subsection 474.7(1) (modification of a telecommunications device identifier) is impossible.
 (3) It is not an offence to attempt to commit an offence against subsection (1).
 (4) 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).
 (5) 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.

474.10  Copying subscription‑specific secure data

Copying subscription‑specific secure data from an existing account identifier
 (1) A person commits an offence if the person:
 (a) copies the subscription‑specific secure data from an account identifier; and
 (b) does so with the intention that the data will be copied (whether by the person or by someone else) onto something that: