Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.7 - Computer offences  

Division 477 - Serious computer offences  

SECTION 477.1   Unauthorised access, modification or impairment with intent to commit a serious offence  
Intention to commit a serious Commonwealth, State or Territory offence

(1)    
A person commits an offence if:


(a) the person causes:


(i) any unauthorised access to data held in a computer; or

(ii) any unauthorised modification of data held in a computer; or

(iii) any unauthorised impairment of electronic communication to or from a computer; and


(b) (Repealed by No 120 of 2012)


(c) the person knows the access, modification or impairment is unauthorised; and


(d) the person intends to commit, or facilitate the commission of, a serious offence against a law of the Commonwealth, a State or a Territory (whether by that person or another person) by the access, modification or impairment.


(2)    
(Repealed by No 120 of 2012)


(3)    
In a prosecution for an offence against subsection (1) , it is not necessary to prove that the defendant knew that the offence was:


(a) an offence against a law of the Commonwealth, a State or a Territory; or


(b) a serious offence.

(4)    
(Repealed by No 120 of 2012)


(5)    
(Repealed by No 120 of 2012)



Penalty

(6)    
A person who commits an offence against this section is punishable, on conviction, by a penalty not exceeding the penalty applicable to the serious offence.

Impossibility

(7)    
A person may be found guilty of an offence against this section even if committing the serious offence is impossible.

No offence of attempt

(8)    
It is not an offence to attempt to commit an offence against this section.

Meaning of serious offence

(9)    
In this section:

serious offence
means an offence that is punishable by imprisonment for life or a period of 5 or more years.



 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.