Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.6 - Telecommunications Services  

Division 474 - Telecommunications offences  

Subdivision B - Interference with telecommunications  

SECTION 474.6   Interference with facilities  

(1)    
A person commits an offence if the person tampers with, or interferes with, a facility owned or operated by:

(a)    a carrier; or

(b)    a carriage service provider; or

(c)    a nominated carrier.

Penalty: Imprisonment for 1 year.

(2)    
For the purposes of an offence against subsection (1) , absolute liability applies to the physical element of circumstance of the offence, that the facility is owned or operated by a carrier, a carriage service provider or a nominated carrier.

(3)    
A person commits an offence if:

(a)    the person tampers with, or interferes with, a facility owned or operated by:

(i) a carrier; or

(ii) a carriage service provider; or

(iii) a nominated carrier; and

(b)    this conduct results in hindering the normal operation of a carriage service supplied by a carriage service provider.

Penalty: Imprisonment for 2 years.

(4)    
For the purposes of an offence against subsection (3) , absolute liability applies to the following physical elements of circumstance of the offence:

(a)    that the facility is owned or operated by a carrier, a carriage service provider or a nominated carrier;

(b)    that the carriage service is supplied by a carriage service provider.

(4A)    

A person is not criminally responsible for an offence against subsection (1) or (3) if:

(a)    the person is, at the time of the offence, an ASIO officer acting in good faith in the course of the person ' s duties; and

(b)    the conduct of the person is reasonable in the circumstances for the purpose of performing that duty.

Note 1:

A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3) .

Note 2:

See also subsection 475.1(2) for the interaction between this defence and the Radiocommunications Act 1992 .

(5)    
A person commits an offence if:

(a)    the person uses or operates any apparatus or device (whether or not it is comprised in, connected to or used in connection with a telecommunications network); and

(b)    this conduct results in hindering the normal operation of a carriage service supplied by a carriage service provider.

Penalty: Imprisonment for 2 years.

(6)    
For the purposes of an offence against subsection (5) , absolute liability applies to the physical element of circumstance of the offence, that the carriage service is supplied by a carriage service provider.

(7)    
A person is not criminally responsible for an offence against subsection (5) if:

(a)    the person is, at the time of the offence, a law enforcement officer, or an intelligence or security officer, acting in good faith in the course of his or her duties; and

(b)    the conduct of the person is reasonable in the circumstances for the purpose of performing that duty.

Note 1:

A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3) .

Note 2:

See also subsection 475.1(2) for the interaction between this defence and the Radiocommunications Act 1992 .

(7A)    
A person is not criminally responsible for an offence against subsection (5) if the conduct of the person:

(a)    is in accordance with a technical assistance request; or

(b)    is in compliance with a technical assistance notice; or

(c)    is in compliance with a technical capability notice.

(8)    
For the purposes of this section, a facility is taken to be owned or operated by a nominated carrier if the Telecommunications Act 1997 applies, under section 81A of that Act, as if that facility were owned or operated by the nominated carrier.