Document ID: chunk:federal_register_of_legislation:C2006C00305:clause:1_1:p11
Version: federal_register_of_legislation:C2006C00305
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 11/24)
Character Range: 33324–36029

other law.

474.10  Copying subscription‑specific secure data

Copying subscription‑specific secure data from an existing account identifier

 (1) A person is guilty of an offence if the person:
 (a) copies the subscription‑specific secure data from an account identifier; and
 (b) does so with the intention that the data will be copied (whether by the person or by someone else) onto something that:
 (i) is an account identifier; or
 (ii) will, once the data is copied onto it, be capable of operating as an account identifier.

Penalty: Imprisonment for 2 years.

Copying subscription‑specific secure data onto a new account identifier

 (2) A person is guilty of an offence if:
 (a) subscription‑specific secure data is copied from an account identifier (whether by the person or by someone else); and
 (b) the person copies that data onto something that:
 (i) is an account identifier; or
 (ii) will, once the data is copied onto it, be capable of operating as an account identifier.
This is so whether or not the person knows which particular account identifier the subscription‑specific secure data is copied from.

Penalty: Imprisonment for 2 years.

Defences

 (3) A person is not criminally responsible for an offence against subsection (1) or (2) 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).

 (4) A person is not criminally responsible for an offence against subsection (1) or (2) 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) or (2) and does not operate to authorise any conduct that requires a warrant under some other law.

474.11  Possession or control of data or a device with intent to copy an account identifier

 (1) A person is guilty of an offence if:
 (a) the person has possession or control of any thing or data; and
 (b) the person has that possession or control with the intention that the thing or data be used:
 (i) by the person;