Document ID: chunk:federal_register_of_legislation:C2006C00305:clause:1_1:p7
Version: federal_register_of_legislation:C2006C00305
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 7/24)
Character Range: 23174–25972

of that thing; or
 (c) the operation by that person of a facility in connection with the doing of that thing; or
 (d) a facility belonging to that person; or
 (e) the operation by that person of a satellite;
taken to be a carriage service provider.

474.4  Interception devices

 (1) A person is guilty of an offence if:
 (a) the person:
 (i) manufactures; or
 (ii) advertises, displays or offers for sale; or
 (iii) sells; or
 (iv) possesses;
  an apparatus or device (whether in an assembled or unassembled form); and
 (b) the apparatus or device is an interception device.

Penalty: Imprisonment for 5 years.

 (2) A person is not criminally responsible for an offence against subsection (1) if the person possesses the interception device in the course of the person's duties relating to the interception of communications that does not constitute a contravention of subsection 7(1) of the Telecommunications (Interception) Act 1979.

Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).

 (3) A person is not criminally responsible for an offence against subsection (1) if the applicable conduct mentioned in subparagraphs (1)(a)(i) to (iv) is in circumstances specified in regulations made for the purposes of this subsection.

Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).

474.5  Wrongful delivery of communications

 (1) A person is guilty of an offence if:
 (a) a communication is in the course of telecommunications carriage; and
 (b) the person causes the communication to be received by a person or carriage service other than the person or service to whom it is directed.

Penalty: Imprisonment for 1 year.

 (2) A person is not criminally responsible for an offence against subsection (1) if the person engages in the conduct referred to in paragraph (1)(b) with the consent or authorisation of the person to whom, or the person operating the carriage service to which, the communication is directed.

Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).

474.6  Interference with facilities

 (1) A person is guilty of an offence if the person tampers with, or interferes with, a facility owned or operated by:
 (a) a carrier; or
 (b) a carriage service provider; or
 (c) a nominated carrier.

Penalty: Imprisonment for 1 year.

 (2) For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of 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