Higher Education Support Act 2003

Chapter 5 - Administration  

PART 5-4 - Management of information  

Division 179 - Protection of personal information  

SECTION 179-35   Unauthorised access to, or modification of, personal information  

179-35(1)    
A person commits an offence if:

(a) the person causes any unauthorised access to, or modification of, *personal information that is:

(i) held in a computer; and

(ii) to which access is restricted by an access control system associated with a function of the computer; and

(b) the person intends to cause the access or modification; and

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

(d) one or more of the following apply:

(i) the personal information is held in a computer of a higher education provider;

(ii) the personal information is held on behalf of a provider;

(iii) the personal information is held in a computer of *Open Universities Australia;

(iv) the personal information is held on behalf of Open Universities Australia;

(v) the personal information is held on a computer of a *Tertiary Admission Centre;

(vi) the personal information is held on behalf of a Tertiary Admission Centre.

Penalty: 2 years imprisonment.

179-35(2)    
Absolute liability applies to paragraph (1)(d).