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Section 474.6 Criminal Code Act
Interference with Facilities

Section 474.6 of the Criminal Code Act 1995 (Cth) is Interference with Facilities and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Interference with Facilities matter, call Sydney Criminal Lawyers® today on
(02) 9261 8881
.

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 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.

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For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
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