Criminal Code Act 1995

A person commits an offence if:

the person has possession or control of any thing or data; and

the person has that possession or control with the intention that the thing or data be used:

by the person; or

by another person;

A person may be found guilty of an offence against subsection (1) even if committing the offence against subsection 474.10(1) (copying subscription‑specific secure data from an account identifier) or 474.10(2) (copying subscription‑specific secure data onto an account identifier) is impossible.

It is not an offence to attempt to commit an offence against subsection (1).

A person is not criminally responsible for an offence against subsection (1) 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) 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) and does not operate to authorise any conduct that requires a warrant under some other law.