Section 478.1 Criminal Code Act | Unauthorised Access Modification of Restricted Data


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The Legislation

Section 478.1 of the Criminal Code Act 1995 (Cth) is Unauthorised Access Modification of Restricted Data and is extracted below.

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478.1 Unauthorised access to, or modification of, restricted data

(1) A person is guilty of 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; and

(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.

Penalty: 2 years imprisonment.

(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.