Document ID: chunk:federal_register_of_legislation:C2006C00305:clause:1_1:p13
Version: federal_register_of_legislation:C2006C00305
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 13/24)
Character Range: 38369–41137

(copying subscription‑specific secure data onto an account 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 474.10(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—Offences related to use of telecommunications

474.13  Use of a carriage service

  For the purposes of this Subdivision, a person is taken not to use a carriage service by engaging in particular conduct if:
 (a) the person is a carrier and, in engaging in that conduct, is acting solely in the person's capacity as a carrier; or
 (b) the person is a carriage service provider and, in engaging in that conduct, is acting solely in the person's capacity as a carriage service provider; or
 (c) the person is an Internet service provider and, in engaging in that conduct, is acting solely in the person's capacity as an Internet service provider; or
 (d) the person is an Internet content host and, in engaging in that conduct, is acting solely in the person's capacity as an Internet content host.

474.14  Using a telecommunications network with intention to commit a serious offence

 (1) A person is guilty of an offence if:
 (a) the person:
 (i) connects equipment to a telecommunications network; and
 (ii) intends by this to commit, or to facilitate the