Document ID: chunk:federal_register_of_legislation:C2006C00305:clause:1_1:p10
Version: federal_register_of_legislation:C2006C00305
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 10/24)
Character Range: 30816–33612

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.

474.9  Producing, supplying or obtaining data or a device with intent to modify a telecommunications device identifier

 (1) A person is guilty of an offence if:
 (a) the person produces, supplies or obtains any thing or data; and
 (b) the person does so with the intention that the thing or data be used:
 (i) by the person; or
 (ii) by another person;
  in committing an offence against subsection 474.7(1) (modification of a telecommunications device 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 474.7(1) (modification of a telecommunications device identifier) is impossible.

 (3) It is not an offence to attempt to commit an offence against subsection (1).

 (4) 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
 (b) an employee or agent of the manufacturer who is acting on behalf of the manufacturer; or
 (c) acting with the consent of the manufacturer.

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.

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