S 85ZKB repealed by No 127 of 2004, s 3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was repealed by this Act; and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; or
(iv)
possession;
of 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.
(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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