Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p160
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 160/169)
Character Range: 1586482–1589253

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 duty.
Note 1: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
Note 2: See also subsection 475.1(2) for the interaction between this defence and the Radiocommunications Act 1992.
 (5) A person commits an offence if:
 (a) the person uses or operates any apparatus or device (whether or not it is comprised in, connected to or used in connection with a telecommunications network); 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.
 (6) For the purposes of an offence against subsection (5), absolute liability applies to the physical element of circumstance of the offence, that the carriage service is supplied by a carriage service provider.
 (7) A person is not criminally responsible for an offence against subsection (5) if:
 (a) the person is, at the time of the offence, a law enforcement officer, or an intelligence or security officer, acting in good faith 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: See also subsection 475.1(2) for the interaction between this defence and the Radiocommunications Act 1992.
 (7A) A person is not criminally responsible for an offence against subsection (5) if the conduct of the person:
 (a) is in accordance with a technical assistance request; or
 (b) is in compliance with a technical assistance notice; or
 (c) is in compliance with a technical capability notice.
 (8) For the purposes of this section, a facility is taken to be owned or operated by a nominated carrier if the Telecommunications Act 1997 applies, under section 81A of that Act, as if that facility were owned or operated by the nominated carrier.

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