Document ID: chunk:federal_register_of_legislation:C2006C00305:clause:1_1:p8
Version: federal_register_of_legislation:C2006C00305
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 8/24)
Character Range: 25745–28540

the offence, that the facility is owned or operated by a carrier, a carriage service provider or a nominated carrier.

 (3) A person is guilty of an offence if:
 (a) the person tampers with, or interferes with, a facility owned or operated by:
 (i) a carrier; or
 (ii) a carriage service provider; or
 (iii) a nominated carrier; and
 (b) this conduct results in hindering the normal operation of a carriage service supplied by a carriage service provider.

Penalty: Imprisonment for 2 years.

 (4) For the purposes of an offence against subsection (3), absolute liability applies to the following physical elements of circumstance of the offence:
 (a) that the facility is owned or operated by a carrier, a carriage service provider or a nominated carrier;
 (b) that the carriage service is supplied by a carriage service provider.

 (5) A person is guilty of an offence if:
 (a) the person uses or operates any apparatus or device (whether or not it is comprised in, connected to or used in connection with a telecommunications network); and
 (b) this conduct results in hindering the normal operation of a carriage service supplied by a carriage service provider.

Penalty: Imprisonment for 2 years.

 (6) For the purposes of an offence against subsection (5), absolute liability applies to the physical element of circumstance of the offence, that the carriage service is supplied by a carriage service provider.

 (7) A person is not criminally responsible for an offence against subsection (5) if:
 (a) the person is, at the time of the offence, a law enforcement officer, or an intelligence or security officer, acting in good faith 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: See also subsection 475.1(2) for the interaction between this defence and the Radiocommunications Act 1992.

 (8) For the purposes of this section, a facility is taken to be owned or operated by a nominated carrier if the Telecommunications Act 1997 applies, under section 81A of that Act, as if that facility were owned or operated by the nominated carrier.

474.7  Modification etc. of a telecommunications device identifier

 (1) A person is guilty of an offence if the person:
 (a) modifies a telecommunications device identifier; or
 (b) interferes with the operation of a telecommunications device identifier.

Penalty: Imprisonment for 2 years.

 (2) A person is not criminally responsible for an offence against subsection (1) if the person is:
 (a) the manufacturer of the mobile telecommunications device in which the telecommunications device identifier is installed; or