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House of Representatives

Cybercrime Bill 2001

Explanatory Memorandum

(Circulated by authority of the Minister for Justice and Customs, Senatory the Honourable Chris Ellison)

Outline and financial impact statement


This Bill would amend the Criminal Code Act 1995 (Criminal Code) by adding new Part 10.7, which contains new updated computer offences based on the January 2001 Model Criminal Code Damage and Computer Offences Report developed through Commonwealth, State and Territory cooperation as a model for national consistency. The existing offences in Part VIA of the Crimes Act 1914 (Crimes Act), which were enacted in 1989 and pre-date existing technology, would be repealed.

The Bill would also enhance investigation powers relating to the search and seizure of electronically stored data by amendments to the Crimes Act and Customs Act 1901 (Customs Act). The amendments build on experience since the existing provisions were enacted in 1994 and take into account the draft Council of Europe Convention on Cybercrime.

The remaining amendments to the Australian Security Intelligence Organisation Act 1979 (ASIO Act), Education Services for Overseas Students Act 2000 (ESOS Act) and Telecommunications (Interception) Act 1997 (TI Act) are consequential changes.

Financial impact statement

There are no direct financial impacts from this Bill.

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