Section 474.9 Criminal Code Act | Produce Supply Obtain Data with Intent to Modify Telecommunications Device Identifier


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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.

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