S 76B repealed by No 161 of 2001, s 3 and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.
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
.
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.
View history note
Hide history note