Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.7 - Computer offences  

Division 476 - Preliminary  

SECTION 476.1   Definitions  

(1)    


In this Part:

access to data held in a computer
means:


(a) the display of the data by the computer or any other output of the data from the computer; or


(b) the copying or moving of the data to any other place in the computer or to a data storage device; or


(c) in the case of a program - the execution of the program.

ASIO officer
means:


(a) the Director-General of Security; or


(b) an ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979 ); or


(c) an ASIO affiliate (within the meaning of that Act).

Commonwealth computer
(Repealed by No 120 of 2012)

data
(Repealed by No 127 of 2004)

data held in a computer
(Repealed by No 127 of 2004)

data storage device
(Repealed by No 127 of 2004)

Defence Department
means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .

electronic communication
means a communication of information in any form by means of guided or unguided electromagnetic energy.

impairment of electronic communication to or from a computer
includes:


(a) the prevention of any such communication; or


(b) the impairment of any such communication on an electronic link or network used by the computer;

but does not include a mere interception of any such communication.

modification
, in respect of data held in a computer, means:


(a) the alteration or removal of the data; or


(b) an addition to the data.

telecommunications service
(Repealed by No 127 of 2004)

unauthorised access, modification or impairment
has the meaning given in section 476.2 .


(2)    
In this Part, a reference to:


(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;

is limited to such access, modification or impairment caused, whether directly or indirectly, by the execution of a function of a computer.





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