Producing, supplying or obtaining data or a device with intent to copy an account identifier is an offence under section 474.12 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:
‘Data’ is information in any form, including any program or part of a program.
‘Subscription-specific secure data’ is that which is used, or capable of being used, to allow:
A ‘carrier’ is any organisation, eligible partnership or public body.
That is granted a licence by the Australian Communications and Media Authority (ACMA), which includes licensed radio and televisions stations.
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:
It is not an offence to attempt to commit the offence.
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