Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p165
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 165/169)
Character Range: 1599108–1601872

if committing the offence against subsection 474.10(1) (copying subscription‑specific secure data from an account identifier) or 474.10(2) (copying subscription‑specific secure data onto an account identifier) is impossible.
 (3) It is not an offence to attempt to commit an offence against subsection (1).

Defences
 (4) A person is not criminally responsible for an offence against subsection (1) if the person is:
 (a) the carrier who operates the facilities used, or to be used, in the supply of the public mobile telecommunications service to which the subscription‑specific secure data relates; or
 (b) an employee or agent of that carrier who is acting on behalf of that carrier; or
 (c) acting with the consent of that carrier.
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.

Subdivision C—General offences relating to use of telecommunications

474.14  Using a telecommunications network with intention to commit a serious offence
 (1) A person commits an offence if:
 (a) the person:
 (i) connects equipment to a telecommunications network; and
 (ii) intends by this to commit, or to facilitate the commission of, an offence (whether by that person or another person); and
 (b) the offence is:
 (i) a serious offence against a law of the Commonwealth, a State or a Territory; or
 (ii) a serious offence against a foreign law.
 (2) A person commits an offence if:
 (a) the person uses equipment connected to a telecommunications network in the commission of, or to facilitate the commission of, an offence (whether by that person or another person); and
 (b) the offence is:
 (i) a serious offence against a law of the Commonwealth, a State or a Territory; or
 (ii) a serious offence against a foreign law.
 (3) A person who commits an offence against subsection (1) or (2) is punishable, on conviction, by a penalty not exceeding the penalty applicable to the serious offence.
 (4) Absolute liability applies to paragraphs (1)(b) and (2)(b).
Note: For absolute liability, see section 6.2.
 (5) A person may be found guilty of an offence