Crimes Act 1900

A person commits an offence if—

the person possesses a dedicated encrypted criminal communication device, and

there are reasonable grounds to suspect the possession of the dedicated encrypted criminal communication device was to commit or facilitate serious criminal activity.

Without limiting subsection (1)(b), matters that may be considered in determining whether there are reasonable grounds to suspect the possession of the dedicated encrypted criminal communication device to commit or facilitate a serious criminal activity include the following—

a service attached to the dedicated encrypted criminal communication device is in a false name,

the dedicated encrypted criminal communication device was purchased or obtained from—

a criminal network, or

a person who is reasonably suspected of supplying dedicated encrypted criminal communication devices to persons involved in criminal activity,

a person is in possession of indications of drug supply,

contemporaneous possession of prohibited firearms,

contemporaneous possession of child abuse material.

It is a defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant had possession of the dedicated encrypted criminal communication device—

in the ordinary course of the defendant’s duties as an officer, employee or agent of a government agency or public authority, or

to supply to, or in partnership or agreement with, a government agency.

To avoid doubt, for subsection (3)(a) and (b), a government agency includes—

a government agency of this State, and

a government agency of the Commonwealth or another State or a Territory.