Producing, supplying or obtaining data or a device with intent to modify a telecommunications device identifier
474.9 Producing, supplying or obtaining data or a device with intent to modify a telecommunications device identifier
A person commits an offence if:
the person produces, supplies or obtains any thing or data; and
the person does so with the intention that the thing or data be used:
by the person; or
by another person;
in committing an offence against subsection 474.7(1) (modification of a telecommunications device identifier).
Penalty: Imprisonment for 2 years.
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.
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