Criminal Code Act 1995

A person commits an offence if the person:

copies the subscription‑specific secure data from an account identifier; and

does so with the intention that the data will be copied (whether by the person or by someone else) onto something that:

is an account identifier; or

will, once the data is copied onto it, be capable of operating as an account identifier.

A person commits an offence if:

subscription‑specific secure data is copied from an account identifier (whether by the person or by someone else); and

the person copies that data onto something that:

is an account identifier; or

will, once the data is copied onto it, be capable of operating as an account identifier.

A person is not criminally responsible for an offence against subsection (1) or (2) if the person is:

the carrier who operates the facilities used, or to be used, in the supply of the public mobile telecommunications service to which the subscription‑specific secure data relates; or

an employee or agent of that carrier who is acting on behalf of that carrier; or

acting with the consent of that carrier.

A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).

A person is not criminally responsible for an offence against subsection (1) or (2) if:

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

the conduct of the person is reasonable in the circumstances for the purpose of performing that duty.

A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).

This subsection merely creates a defence to an offence against subsection (1) or (2) and does not operate to authorise any conduct that requires a warrant under some other law.