Crimes Act 1914
Part VIIB
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Offences relating to telecommunications
SECTION 85ZKB
85ZKB
Interception devices prohibited
View history note
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Part VIIB repealed by No 127 of 2004, s 3 and Sch 1 item 5, effective 1 March 2005.
No 127 of 2004, s 3 and Sch 1, contains the following savings provisions:
30 Saving - existing regulations respecting interception devices
(1)
Regulations made for the purposes of paragraph 85ZKB(2)(c) of the Crimes Act 1914 and in force immediately before the commencement of item 1 of this Schedule continue in force as if they had been made for the purposes of subsection 474.4(3) of the Criminal Code as enacted by that item.
(2)
Subitem (1) does not prevent amendment or repeal of the regulations referred to in that subitem.
31 Saving offences against Part VIIB of the Crimes Act 1914
(1)
For the purposes of the Telecommunications (Interception) Act 1979 , prescribed offence includes an offence in relation to conduct (within the meaning of the Criminal Code ) that:
(a) occurred before Part VIIB of the Crimes Act 1914 was repealed by this Act; and
(b) constituted an offence against a provision of that Part.
(2)
Subsection 7(1) of the Telecommunications (Interception) Act 1979 does not apply to, or in relation to, an act or thing done by an employee of a carrier (within the meaning of that Act) in the course of his or her duties for or in connection with the identifying or tracing of any person who has contravened, or is suspected of having contravened, a provision of Part VIIB of the Crimes Act 1914 before its repeal by this Act, where it is reasonably necessary for the employee to do that act or thing in order to perform those duties effectively.
(Repealed by No 127 of 2004)
History
S 85ZKB repealed by No 127 of 2004, s 3 and Sch 1 item 5, effective 1 March 2005.
Act No 127 of 2004, s 3 and Sch 1, contains the following savings provisions:
30 Saving - existing regulations respecting interception devices
(1)
Regulations made for the purposes of paragraph 85ZKB(2)(c) of the Crimes Act 1914 and in force immediately before the commencement of item 1 of this Schedule continue in force as if they had been made for the purposes of subsection 474.4(3) of the Criminal Code as enacted by that item.
(2)
Subitem (1) does not prevent amendment or repeal of the regulations referred to in that subitem.
31 Saving offences against Part VIIB of the Crimes Act 1914
(1)
For the purposes of the Telecommunications (Interception) Act 1979 , prescribed offence includes an offence in relation to conduct (within the meaning of the Criminal Code ) that:
(a) occurred before Part VIIB of the Crimes Act 1914 was repealed by this Act; and
(b) constituted an offence against a provision of that Part.
(2)
Subsection 7(1) of the Telecommunications (Interception) Act 1979 does not apply to, or in relation to, an act or thing done by an employee of a carrier (within the meaning of that Act) in the course of his or her duties for or in connection with the identifying or tracing of any person who has contravened, or is suspected of having contravened, a provision of Part VIIB of the Crimes Act 1914 before its repeal by this Act, where it is reasonably necessary for the employee to do that act or thing in order to perform those duties effectively.
S 85ZKB formerly read:
Interception devices prohibited
(1)
A person shall not:
(a) manufacture;
(b) advertise, display or offer for sale;
(c) sell; or
(d) possess;an apparatus or device (whether in an assembled or unassembled form) that the person knows is an apparatus or device of a kind that is capable of being used to enable a person to intercept a communication in contravention of subsection 7(1) of the Telecommunications (Interception) Act 1979 .
Penalty: Imprisonment for 5 years.
(1A)
Subsection (1) does not apply to an apparatus or device designed principally for the reception of messages transmitted by radiocommunications.
(2)
Subsection (1) does not apply:
(a) to an apparatus or device unless the apparatus or device could reasonably be regarded as having been designed for the purpose, or for purposes including the purpose, of using it in connection with an act that, if not done in any of the circumstances referred to in subsection 7(2) of the Telecommunications (Interception) Act 1979 , would contravene subsection 7(1) of that Act;
(b) to the possession of an apparatus or device by a person in the course of the person's duties relating to interception of communications passing over a telecommunications system (being a telecommunications system within the meaning of the Telecommunications (Interception) Act 1979 ), that is interception of communications otherwise than in contravention of subsection 7(1) of that Act; or
(c) to the:
(i) manufacture;
(ii) advertising, displaying or offering for sale;
(iii) sale; orof an apparatus or device of the kind referred to in subsection (1) of this section in circumstances specified in regulations made for the purposes of this subsection.
(iv) possession;
(3)
For the purposes of establishing a contravention of subsection (1), if, having regard to:
(a) a person's abilities, experience, qualifications and other attributes; and
(b) all the circumstances surrounding the alleged contravention of that subsection;the person ought reasonably to have known that an apparatus or device is an apparatus or device of a kind referred to in that subsection, the person shall be taken to have known that the apparatus or device is an apparatus or device of that kind.
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