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 477.3   Unauthorised impairment of electronic communication  

(1)    
A person commits an offence if:

(a)    the person causes any unauthorised impairment of electronic communication to or from a computer; and

(b)    

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the person knows that the impairment is unauthorised.

(c)    

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(Repealed by No 120 of 2012)

Penalty: 10 years imprisonment.

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History

S 477.3(1) amended by No 120 of 2012, s 3 and Sch 3 items 8 and 9, by substituting " unauthorised. " for " unauthorised; and " at the end of para (b) and repealing para (c), applicable to acts and omissions that take place on 2 March 2013. Para (c) formerly read:

(c) one or both of the following applies:

(i) the electronic communication is sent to or from the computer by means of a carriage service;

(ii) the electronic communication is sent to or from a Commonwealth computer.

S 477.3(1)(c)(i) amended No 127 of 2004, s 3 and Sch 1 item 16, by substituting " carriage service " for " telecommunications service " , 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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History

S 477.3(2) inserted by No 53 of 2023, s 3 and Sch 1 item 9, applicable in relation to conduct engaged in on or after 12 August 2023.

Former s 477.3(2) repealed by No 120 of 2012, s 3 and Sch 3 item 10, applicable to acts and omissions that take place on 2 March 2013. S 477.3(2) formerly read:

(2)
Absolute liability applies to paragraph (1)(c) .

(3)    
A conviction for an offence against this section is an alternative verdict to a charge for an offence against section 477.2 (unauthorised modification of data to cause impairment).

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