Section 27DA Summary Offences Act – Inmate Use or Possess Mobile Phone

The Legislation

Section 27DA of the Summary Offences Act 1998 (NSW) is the criminal offence of Inmate Use or Possess Mobile Phone and is stated below.

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27DA Inmate use or possession of a mobile phone

(1) An inmate must not, without reasonable excuse (proof of which lies on the inmate), use or have in his or her possession in a place of detention a mobile phone or any part of it, a mobile phone SIM card or any part of it, or a mobile phone charger or any part of it. Maximum penalty: imprisonment for 2 years or 50 penalty units, or both.

(2) In this section, “mobile phone” includes any device that may be used, in whole or in part, for the purpose of sending or receiving voice or other data over a mobile telephone network, whether or not it may be used for any other purpose.