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. (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.
Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.
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