CRIMES ACT 1914 SECT 85ZK

(1)

A person shall not:

(a)

connect equipment to a telecommunications network with the intention of using it in, or in relation to, the commission of an offence against a law of the Commonwealth or of a State or Territory; or

(b)

use equipment connected to a telecommunications network in, or in relation to, the commission of such an offence.

Penalty: Imprisonment for 5 years.

(1A)

In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the offence mentioned in paragraph (1)(a) or (b) would be against a law of the Commonwealth or of a State or Territory.

(2)

Subsection (1) does not apply in relation to equipment if the connection by a person of the equipment to a telecommunications network would not be in contravention of section 411 of the Telecommunications Act 1997 .

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).