Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.7 - Computer offences  

Division 478 - Other computer offences  

SECTION 478.1   Unauthorised access to, or modification of, restricted data  

(1)    
A person commits an offence if:

(a) the person causes any unauthorised access to, or modification of, restricted data; and

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

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

View history reference

(d) (Repealed by No 120 of 2012)

View history reference

Penalty: 2 years imprisonment.

 View history note

 Hide history note

History

S 478.1(1) amended by No 120 of 2012, s 3 and Sch 3 items 11 and 12, by substituting " unauthorised. " for " unauthorised; and " at the end of para (c) 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 restricted data is held in a Commonwealth computer;

(ii) the restricted data is held on behalf of the Commonwealth;

(iii) the access to, or modification of, the restricted data is caused by means of a carriage service.

S 478.1(1)(d)(iii) amended No 127 of 2004, s 3 and Sch 1 item 17, by substituting " carriage service " for " telecommunications service " , effective 1 March 2005.

(2)    
(Repealed by No 120 of 2012)

 View history note

 Hide history note

History

S 478.1(2) repealed by No 120 of 2012, s 3 and Sch 3 item 13, applicable to acts and omissions that take place on 2 March 2013. S 478.1(2) formerly read:

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

(3)    
In this section:

restricted data
means data:

(a) held in a computer; and

(b) to which access is restricted by an access control system associated with a function of the computer.

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.