Document ID: chunk:federal_register_of_legislation:C2004A03942:section:1979:p10
Version: federal_register_of_legislation:C2004A03942
Segment Type: section
Provision Reference: s 1979 (pt 10/27)
Character Range: 23231–26105

the Privacy Act 1988, be taken to have done the act, or engaged in the practice.

"(3) In this section:

  'agency' has the same meaning as in the Privacy Act 1988;

  'personal information' has the same meaning as in the Privacy Act 1988.".

PART 4—AMENDMENTS OF THE COMPLAINTS (AUSTRALIAN FEDERAL POLICE) ACT 1981

Principal Act

8. In this Part, "Principal Act" means the Complaints (Australian Federal Police) Act 19813.

Charges in respect of breaches of discipline

9. Section 67 of the Principal Act is amended:

    (a) by omitting subsection (4);

    (b) by omitting from subsection (7) all the words from and including "by way of" (first occurring) to and including "Police or".

Amendments relating to cautions and admonitions

10. The Principal Act is further amended as set out in Schedule 1.

PART 5—AMENDMENTS OF THE CRIMES ACT 1914

Principal Act

11. In this Part, "Principal Act" means the Crimes Act 19144.

Equipment used for unlawful purposes etc.

12. Section 85zk of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:

"(2) Subsection (1) does not apply in relation to equipment if the connection by a person of the equipment to a telecommunications network would not be in contravention of section 114 of the Telecommunications Act 1989.".

13. After section 85zk of the Principal Act the following sections are inserted in Part VIIb:

Unauthorised call-switching devices prohibited

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

(a) manufacture;

(b) advertise, display or offer for sale;

(c) sell; or

(d) use, operate or possess;

equipment that the person knows is equipment of a kind that, when connected to a telecommunications network operated by Telecom, enables 2 persons each of whom, by means of different telecommunications services supplied by Telecom, calls that equipment (whether or not either of the persons is aware that the call the person is making is a call to such equipment), to send communications to, and receive communications from, each other, over that network during those calls.

Penalty: Imprisonment for 5 years.

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

    (a) if the connection of the equipment to a telecommunications network by a person would not be in contravention of section 114 of the Telecommunications Act 1989; or

    (b) if the equipment is used, or intended for use, by a carrier in connection with a telecommunications service or the operation or maintenance of a telecommunications network.

"(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 equipment is equipment of the kind referred