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CRIMES ACT 1900 - SECT 192P
Possession of dedicated encrypted criminal communication devices for certain purposes
192P Possession of dedicated encrypted criminal communication devices for
certain purposes
(1) A person commits an offence if- (a) the person possesses a dedicated
encrypted criminal communication device, and
(b) there are reasonable grounds
to suspect the possession of the dedicated encrypted criminal communication
device was to commit or facilitate serious criminal activity.
: Maximum
penalty-Imprisonment for 3 years.
(2) 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) a service attached to the dedicated encrypted
criminal communication device is in a false name,
(b) the dedicated encrypted
criminal communication device was purchased or obtained from- (i) a criminal
network, or
(ii) a person who is reasonably suspected of supplying dedicated
encrypted criminal communication devices to persons involved in criminal
activity,
(c) a person is in possession of indications of drug supply,
(d)
contemporaneous possession of prohibited firearms,
(e) contemporaneous
possession of child abuse material.
(3) 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- (a) in the ordinary course of the defendant’s duties as an officer,
employee or agent of a government agency or public authority, or
(b) to
supply to, or in partnership or agreement with, a government agency.
(4) To
avoid doubt, for subsection (3)(a) and (b), a government agency includes- (a)
a government agency of this State, and
(b) a government agency of the
Commonwealth or another State or a Territory.
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