Reference

CRIMES ACT 1900 No. 40

UPDATED 1 DECEMBER 1998

COVER SHEET (ONLY) MODIFIED 17 DECEMBER 1998

PART 6-OFFENCES RELATING TO COMPUTERS

Definitions

308. In this Part:
(a) a reference to data includes a reference to information; and
(b) a reference to a program or data includes a reference to part of the program or data; and
(c) a reference to data stored in a computer includes a reference to data entered or copied into the computer.

Unlawful access to data in computer

309. (1) A person who, without authority or lawful excuse, intentionally obtains access to a program or data stored in a computer is liable, on conviction before two justices, to imprisonment for 6 months, or to a fine of 50 penalty units, or both.

(2) A person who, with intent:
(a) to defraud any person; or
(b) to dishonestly obtain for himself or herself or another person any financial advantage of any kind; or
(c) to dishonestly cause loss or injury to any person, obtains access to a program or data stored in a computer is liable to imprisonment for 2 years, or to a fine of 500 penalty units, or both.

(3) A person who, without authority or lawful excuse, intentionally obtains access to a program or data stored in a computer, being a program or data that the person knows or ought reasonably to know relates to:
(a) confidential government information in relation to security, defence or inter governmental relations; or
(b) the existence or identity of any confidential source of information in relation to the enforcement or administration of the law; or
(c) the enforcement or administration of the criminal law; or
(d) the maintenance or enforcement of any lawful method or procedure for protecting public safety; or
(e) the personal affairs of any person (whether living or deceased); or
(f) trade secrets; or
(g) records of a financial institution; or
(h) information (other than trade secrets) that has a commercial value to any person that could be destroyed or diminished if disclosed, is liable to imprisonment for 2 years, or to a fine of 500 penalty units, or both.

(4) A person who:
(a) without authority or lawful excuse, has intentionally obtained access to a program or data stored in a computer; and
(b) after examining part of that program or data, knows or ought reasonably to know that the part of the program or data examined relates wholly or partly to any of the matters referred to in subsection (3); and
(c) continues to examine that program or data, is liable to imprisonment for 2 years, or to a fine of 500 penalty units, or both. (

5) A prosecution for an offence under subsection (1) may be commenced at any time within 2 years after the time when the offence is alleged to have been committed.

Damaging data in computer

310. A person who intentionally and without authority or lawful excuse:
(a) destroys, erases or alters data stored in or inserts data into a computer; or
(b) interferes with, or interrupts or obstructs the lawful use of a computer, is liable to penal servitude for 10 years, or to a fine of 1,000 penalty units, or both.