Crimes Act 1900

For this Part, a dedicated encrypted criminal communication device means a mobile electronic device that—

is specifically designed or equipped for use to facilitate communication, between persons reasonably suspected of being involved in serious criminal activity, to defeat law enforcement detection, and

uses hardware modifications or software deployed on the device that—

modifies the device’s factory operating system, whether temporarily or permanently to block or replace key features usually available on the device’s operating system, including, for example, voice call, web browsers or geolocation services, and

enables encryption of communication between users, and

is configured in a way that specifically impedes law enforcement access to information on the device.

A dedicated encrypted criminal communication device includes a device prescribed by the regulations for the purposes of this section.

A dedicated encrypted criminal communication device does not include—

a device if—

the device has been designed, modified or equipped with software or security features, and

a reasonable person would consider the software or security features have been applied for a primary purpose other than facilitating communication between persons involved in criminal activity to defeat law enforcement detection, or

a device of a kind prescribed by the regulations as not being a dedicated encrypted criminal communication device.