S 76D repealed by No 161 of 2001, s 3 and
Sch 1 item 2, effective 21 December 2001. S 76D formerly read:
Unlawful access to data in Commonwealth and other computers by means
of Commonwealth facility
(1)
A
person who, by means of a facility operated or provided by the Commonwealth
or by a carrier, intentionally and without authority obtains access to data
stored in a computer, is guilty of an offence.
Penalty: Imprisonment
for 6 months.
(2)
A
person who:
(a)
by means of a facility operated
or provided by the Commonwealth or by a carrier, with intent to defraud any
person and without authority obtains access to data stored in a computer;
or
(b)
by means of such a
facility, intentionally and without authority obtains access to data stored
in a computer, being data that the person knows or ought reasonably to know
relates to:
(i)
the security, defence or international
relations of Australia;
(ii)
the existence or identity of a confidential
source of information relating to the enforcement of a criminal law of the
Commonwealth or of a State or Territory;
(iii)
the enforcement of a law of the Commonwealth
or of a State or Territory;
(iv)
the protection of public safety;
(v)
the personal affairs of any person;
(vi)
trade secrets;
(vii)
records of a financial institution;
or
(viii)
commercial information the disclosure
of which could cause advantage or disadvantage to any person;
is guilty of an offence.
Penalty:
Imprisonment for 2 years.
(3)
A
person who:
(a)
by means of a facility operated
or provided by the Commonwealth or by a carrier, has intentionally and without
authority obtained access to data stored in a computer;
(b)
after examining part of that data, knows or
ought reasonably to know that the part of the data which the person examined
relates wholly or partly to any of the matters referred to in paragraph (2)(b);
and
(c)
continues to examine
that data;
is guilty of an offence.
Penalty:
Imprisonment for 2 years.
History
S 76D(3) amended
by No 24 of 2001, s 3 and Sch 10 item 79, by omitting ``for a contravention
of this subsection'' after ``Penalty'' in the penalty. For application provisions,
see note under s 3BA.
(4)
For
the purposes of an offence against subsection (1), (2) or (3), absolute liability
applies to the physical element of circumstance of the offence, that the facility
is operated or provided by the Commonwealth or by a carrier.
Note:
For
absolute liability
,
see section
6.2
of the
Criminal Code
.
History
S 76D(4) inserted by No 24 of 2001, s 3
and Sch 10 item 80. For application provisions, see note under s 3BA.
View history note
Hide history note