Section 474.9 of the Criminal Code Act 1995 (Cth) is Produce Supply Obtain Data with Intent to Modify Telecommunications Device Identifier and is extracted below.
If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Produce Supply Obtain Data with Intent to Modify Telecommunications Device Identifier matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.
The Legislation
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.
Why Sydney Criminal Lawyers®?
Choosing the right legal team to defend your reputation and interests can be a difficult process.
However, it is always important to look at a firm’s experience and results when making this decision.
At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.
Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.
Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.
However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’
Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.
We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.
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 with our criminal law specialists.