New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 192O

192O Meaning of "dedicated encrypted criminal communication device"

(1) For this Part, a
"dedicated encrypted criminal communication device" means a mobile electronic device that--

(a) is specifically designed or equipped for use to facilitate communication, between persons reasonably suspected of being involved in serious criminal activity, to defeat law enforcement detection, and

(b) uses hardware modifications or software deployed on the device that--

(i) modifies the device's factory operating system, whether temporarily or permanently to block or replace key features usually available on the device's operating system, including, for example, voice call, web browsers or geolocation services, and

(ii) enables encryption of communication between users, and

(c) is configured in a way that specifically impedes law enforcement access to information on the device.

Example for paragraph (c)--:

• a duress password or PIN that will wipe data on the device

• use of a mobile service that is not able to be traced to an individual

• appears to be mobile phone that does not have an International Mobile Station Equipment Identity number

(2) A dedicated encrypted criminal communication device includes a device prescribed by the regulations for the purposes of this section.

(3) A dedicated encrypted criminal communication device does not include--

(a) a device if--

(i) the device has been designed, modified or equipped with software or security features, and

(ii) a reasonable person would consider the software or security features have been applied for a primary purpose other than facilitating communication between persons involved in criminal activity to defeat law enforcement detection, or

(b) a device of a kind prescribed by the regulations as not being a dedicated encrypted criminal communication device.