Possessing or Controlling Data or a Device With Intent to Modify a Telecommunications Device Identifier is an offence under section 474.8 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:
A ‘telecommunications device identifier’ is an electronic identifier of a mobile telecommunications device that is:
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:
It is not an offence to attempt but fail to commit the offence.
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