Crimes Act 1914

Part VIA repealed by No 161 of 2001, s 3 and Sch 1 item 2, effective 21 December 2001.

S 76B repealed by No 161 of 2001, s 3 and Sch 1 item 2, effective 21 December 2001. S 76B formerly read:

Unlawful access to data in Commonwealth and other computers

(1)
A person who intentionally and without authority obtains access to:

(a) data stored in a Commonwealth computer; or

(b) data stored on behalf of the Commonwealth in a computer that is not a Commonwealth computer;

is guilty of an offence.

Penalty: Imprisonment for 6 months.

(2)
A person who:

(a) with intent to defraud any person and without authority obtains access to data stored in a Commonwealth computer, or to data stored on behalf of the Commonwealth in a computer that is not a Commonwealth computer; or

(b) intentionally and without authority obtains access to data stored in a Commonwealth computer, or to data stored on behalf of the Commonwealth in a computer that is not a Commonwealth computer, being data that the person knows or ought reasonably to know relates to:

(i) the security, defence or international relations of Australia;

(ii) the existence or identity of a confidential source of information relating to the enforcement of a criminal law of the Commonwealth or of a State or Territory;

(iii) the enforcement of a law of the Commonwealth or of a State or Territory;

(iv) the protection of public safety;

(v) the personal affairs of any person;

(vi) trade secrets;

(vii) records of a financial institution; or

(viii) commercial information the disclosure of which could cause advantage or disadvantage to any person;

is guilty of an offence.

Penalty: Imprisonment for 2 years.

(3)
A person who:

(a) has intentionally and without authority obtained access to data stored in a Commonwealth computer, or to data stored on behalf of the Commonwealth in a computer that is not a Commonwealth computer;

(b) after examining part of that data, knows or ought reasonably to know that the part of the data which the person examined relates wholly or partly to any of the matters referred to in paragraph (2)(b); and

(c) continues to examine that data;

is guilty of an offence.

Penalty: Imprisonment for 2 years.

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History

S 76B(3) amended by No 24 of 2001, s 3 and Sch 10 item 75, by omitting ``for a contravention of this subsection'' after ``Penalty'' in the penalty. For application provisions, see note under s 3BA.

(4)
For the purposes of an offence against subsection (1), (2) or (3), absolute liability applies to whichever one of the following physical elements of circumstance is relevant to the offence:

(a) that the computer is a Commonwealth computer;

(b) that the computer is not a Commonwealth computer.

Note:

For absolute liability , see section 6.2 of the Criminal Code .

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History

S 76B(4) inserted by No 24 of 2001, s 3 and Sch 10 item 76. For application provisions, see note under s 3BA.