Possessing dedicated encrypted criminal communication devices laws and penalties in NSW

The NSW Government has introduced new laws targeting the use and possession of encrypted devices utilised by criminals to communicate with for the purposes of evading law enforcement.

Law enforcement and intelligence agencies have reported that criminal groups are increasingly utilising sophisticated methods to avoid detection, including via the use of such devices.

In introducing the bill, the Government referred to numerous recent law enforcement operations which have demonstrated the increasing reliance of criminal groups on encrypted communication.

WHAT IS A DEDICATED ENCRYPTED CRIMINAL COMMUNICATION DEVICE?

A dedicated encrypted criminal communication device ('DECCD') is defined as a mobile electronic device that: