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 477.2   Unauthorised modification of data to cause impairment  

(1)    
A person commits an offence if:

(a)    the person causes any unauthorised modification of data held in a computer; and

(b)    the person knows the modification is unauthorised; and

(c)    

the person is reckless as to whether the modification impairs or will impair:

(i) access to that or any other data held in any computer; or

(ii) the reliability, security or operation, of any such data.

(d)    

(Repealed by No 120 of 2012)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 person may be guilty of an offence against this section even if there is or will be no actual impairment to:

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

(b)    the reliability, security or operation, of any such data.

(4)    
A conviction for an offence against this section is an alternative verdict to a charge for an offence against section 477.3 (unauthorised impairment of electronic communication).




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