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)

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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)

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(Repealed by No 120 of 2012)

Penalty: 10 years imprisonment.

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History

S 477.2(1) amended by No 120 of 2012, s 3 and Sch 3 items 5 and 6, by substituting " data. " for " data; and " at the end of para (c)(ii) and repealing para (d), applicable to acts and omissions that take place on 2 March 2013. Para (d) formerly read:

(d) one or more of the following applies:

(i) the data that is modified is held in a Commonwealth computer;

(ii) the data that is modified is held on behalf of the Commonwealth in a computer;

(iii) the modification of the data is caused by means of a carriage service;

(iv) the modification of the data is caused by means of a Commonwealth computer;

(v) the modification of the data impairs access to, or the reliability, security or operation of, other data held in a Commonwealth computer;

(vi) the modification of the data impairs access to, or the reliability, security or operation of, other data held on behalf of the Commonwealth in a computer;

(vii) the modification of the data impairs access to, or the reliability, security or operation of, other data by means of a carriage service.

S 477.2(1) amended No 127 of 2004, s 3 and Sch 1 items 14 and 15, by substituting " carriage service " for " telecommunications service " in para (d)(iii) and substituting " carriage service " for " telecommunications service " in para (d)(vii), effective 1 March 2005.

(2)

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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) .

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(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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