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Copying subscription-specific secure data onto a new account identifier is an offence under section 474.10(1) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 2 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
It is immaterial whether you knew which particular account identifier the data would be copied from.
‘Subscription-specific secure data’ is that which is used, or capable of being used, to allow:
Is installed to access the public mobile telecommunications service to which the account relates.
It is immaterial whether the telecommunications account existed or could be set up in the future.
An ‘account identifier’ is something that:
This includes a SIM card.
A ‘mobile telecommunications device’ is an item of customer equipment used, or capable of being used, in connection with a public mobile telecommunications service.
A ‘public telecommunications service’ is one whereby:
A ‘carriage service’ is:
‘a service for carrying communications by means of guided and/or unguided electromagnetic energy’, which includes telephone calls, text messages and internet transmissions.
You are not guilty of the offence if you establish ‘on the balance of probabilities’ that:
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