Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p159
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 159/169)
Character Range: 1583927–1586700

Access) Act 1979.
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 the applicable conduct mentioned in subparagraphs (1)(a)(i) to (iv) is in circumstances specified in regulations made for the purposes of this subsection.
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).

474.5  Wrongful delivery of communications
 (1) A person commits an offence if:
 (a) a communication is in the course of telecommunications carriage; and
 (b) the person causes the communication to be received by a person or carriage service other than the person or service to whom it is directed.
Penalty: Imprisonment for 1 year.
 (2) A person is not criminally responsible for an offence against subsection (1) if the person engages in the conduct referred to in paragraph (1)(b) with the consent or authorisation of the person to whom, or the person operating the carriage service to which, the communication is directed.
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).

474.6  Interference with facilities
 (1) A person commits an offence if the person tampers with, or interferes with, a facility owned or operated by:
 (a) a carrier; or
 (b) a carriage service provider; or
 (c) a nominated carrier.
Penalty: Imprisonment for 1 year.
 (2) For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the facility is owned or operated by a carrier, a carriage service provider or a nominated carrier.
 (3) A person commits an offence if:
 (a) the person tampers with, or interferes with, a facility owned or operated by:
 (i) a carrier; or
 (ii) a carriage service provider; or
 (iii) a nominated carrier; and
 (b) this conduct results in hindering the normal operation of a carriage service supplied by a carriage service provider.
Penalty: Imprisonment for 2 years.
 (4) For the purposes of an offence against subsection (3), absolute liability applies to the following physical elements of circumstance of the offence:
 (a) that the facility is owned or operated by a carrier, a carriage service provider or a nominated carrier;
 (b) that the carriage service is supplied by a carriage service provider.
 (4A) A person is not criminally responsible for an offence against subsection (1) or (3) if:
 (a) the person is, at the time of the offence, an ASIO officer acting in good faith in the course of the person's duties; and
 (b) the conduct of the person is reasonable in the circumstances for the purpose of performing that