Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.7 - Computer offences  

Division 476 - Preliminary  

SECTION 476.2   Meaning of unauthorised access, modification or impairment  

(1)  
In this Part:


(a) access to data held in a computer; or


(b) modification of data held in a computer; or


(c) the impairment of electronic communication to or from a computer; or


(d) the impairment of the reliability, security or operation of any data held on a computer disk, credit card or other device used to store data by electronic means;

by a person is unauthorised if the person is not entitled to cause that access, modification or impairment.

(2)  
Any such access, modification or impairment caused by the person is not unauthorised merely because he or she has an ulterior purpose for causing it.

(3)  
For the purposes of an offence under this Part, a person causes any such unauthorised access, modification or impairment if the person ' s conduct substantially contributes to it.

(4)  
For the purposes of subsection (1) , if:


(a) a person causes any access, modification or impairment of a kind mentioned in that subsection; and


(b) the person does so:


(i) under a warrant issued under the law of the Commonwealth, a State or a Territory; or

(ii) under an emergency authorisation given to the person under Part 3 of the Surveillance Devices Act 2004 or under a law of a State or Territory that makes provision to similar effect; or

(iii) under a tracking device authorisation given to the person under section 39 of that Act; or

(iv) in accordance with a technical assistance request; or

(v) in compliance with a technical assistance notice; or

(vi) in compliance with a technical capability notice;

the person is entitled to cause that access, modification or impairment.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.