Crimes Act 1914

Part VIA repealed by No 161 of 2001, s 3 and Sch 1 item 2, effective 21 December 2001.

S 76C repealed by No 161 of 2001, s 3 and Sch 1 item 2, effective 21 December 2001. S 76C formerly read:

Damaging data in Commonwealth and other computers

(1)
A person who intentionally and without authority:

(a) destroys, erases or alters data stored in, or inserts data into, a Commonwealth computer;

(b) interferes with, or interrupts or obstructs the lawful use of, a Commonwealth computer;

(c) destroys, erases, alters or adds to data stored on behalf of the Commonwealth in a computer that is not a Commonwealth computer; or

(d) impedes or prevents access to, or impairs the usefulness or effectiveness of, data stored in a Commonwealth computer or data stored on behalf of the Commonwealth in a computer that is not a Commonwealth computer;

is guilty of an offence.

Penalty: Imprisonment for 10 years.

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History

S 76C(1) amended by No 24 of 2001, s 3 and Sch 10 item 77, by omitting ``or lawful excuse'' after ``authority''. For application provisions, see note under s 3BA.

(2)
For the purposes of an offence against subsection (1), absolute liability applies to whichever one of the following physical elements of circumstance is relevant to the offence:

(a) that the computer is a Commonwealth computer;

(b) that the computer is not a Commonwealth computer.

Note:

For absolute liability , see section 6.2 of the Criminal Code .

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History

S 76C(2) inserted by No 24 of 2001, s 3 and Sch 10 item 78. For application provisions, see note under s 3BA.