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 474.7(1) (modification of a telecommunications device 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 manufacturer of the mobile telecommunications device in which the telecommunications device identifier is installed; or

an employee or agent of the manufacturer who is acting on behalf of the manufacturer; or

acting with the consent of the manufacturer.

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.