Document ID: chunk:federal_register_of_legislation:C2004A03942:section:1979:p11
Version: federal_register_of_legislation:C2004A03942
Segment Type: section
Provision Reference: s 1979 (pt 11/27)
Character Range: 25818–28704

if, having regard to:

    (a) a person's abilities, experience, qualifications and other attributes; and

    (b) all the circumstances surrounding the alleged contravention of that subsection;

the person ought reasonably to have known that equipment is equipment of the kind referred to in that subsection, the person shall be taken to have known that the equipment is equipment of that kind.

Interception devices prohibited

"85zkb. (1) A person shall not:

(a) manufacture;

(b) advertise, display or offer for sale;

(c) sell; or

(d) possess;

an apparatus or device (whether in an assembled or unassembled form) that the person knows is an apparatus or device of a kind that is capable of being used to enable a person to intercept a communication in contravention of subsection 7(1) of the Telecommunications (Interception) Act 1979.

  Penalty: Imprisonment for 5 years.

"(2) Subsection (1) does not apply:

    (a) to an apparatus or device unless the apparatus or device could reasonably be regarded as having been designed for the purpose, or for purposes including the purpose, of using it in connection with an act that, if not done in any of the circumstances referred to in subsection 7 (2) of the Telecommunications (Interception) Act 1979, would contravene subsection 7 (1) of that Act;

    (b) to the possession of an apparatus or device by a person in the course of the person's duties relating to interception of communications passing over a telecommunications system (being a telecommunications system within the meaning of the Telecommunications (Interception) Act 1979), that is interception of communications otherwise than in contravention of subsection 7 (1) of that Act; or

    (c) to the:

      (i) manufacture;

     (ii) advertising, displaying or offering for sale;

     (iii) sale; or

     (iv) possession;

    of an apparatus or device of the kind referred to in subsection (1) of this section in circumstances specified in regulations made for the purposes of this subsection.

"(3) For the purposes of establishing a contravention of subsection (1), if, having regard to:

    (a) a person's abilities, experience, qualifications and other attributes; and

    (b) all the circumstances surrounding the alleged contravention of that subsection;

the person ought reasonably to have known that an apparatus or device is an apparatus or device of a kind referred to in that subsection, the person shall be taken to have known that the apparatus or device is an apparatus or device of that kind.".

PART 6—AMENDMENTS OF THE CRIMES (AIRCRAFT) ACT 1963

Principal Act

14. In this Part, "Principal Act" means the Crimes (Aircraft) Act 19635.

Prosecutions

15. Section 21 of the Principal Act is amended by adding at the end the following subsection:

"(4) A reference in this section to an offence against this Act includes a reference to an