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Section 477.2 Criminal Code Act
Unauthorised Modification of Data to Cause Impairment

Section 477.2 of the Criminal Code Act 1995 (Cth) is Unauthorised Modification of Data to Cause Impairment and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Unauthorised Modification of Data to Cause Impairment matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

477.2 Unauthorised modification of data to cause impairment

(1) A person is guilty of 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) 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; and

(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.

Penalty: 10 years imprisonment.

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

(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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Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

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