Section 474.8 of the Criminal Code Act 1995 (Cth) is Data with Intent to Modify Telecommunications Device Identifier and is extracted below.
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474.8 Possession or control of data or a device with intent to modify a telecommunications device 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; 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.
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