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 477.3   Unauthorised impairment of electronic communication  

(1)    
A person commits an offence if:

(a)    the person causes any unauthorised impairment of electronic communication to or from a computer; and

(b)    

the person knows that the impairment is unauthorised.

(c)    

(Repealed by No 120 of 2012)

Penalty: 10 years imprisonment.

(2)    

A person is not criminally responsible for an offence against subsection (1) if:

(a)    the person is, at the time of the offence, an ASIO officer acting in good faith in the course of the person ' s duties; and

(b)    the conduct of the person is reasonable in the circumstances for the purpose of performing that duty.

Note:

A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3) .

(3)    
A conviction for an offence against this section is an alternative verdict to a charge for an offence against section 477.2 (unauthorised modification of data to cause impairment).