Unauthorised access, modification or impairment with intent to commit a serious indictable offence is a crime under section 308C of the Crimes Act 1900, which carries a maximum penalty equivalent to that of the intended offence.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
‘Unauthorised computer function’ means:
‘Data held in a computer’ means:
‘Access’ to data held in a computer means:
‘Modification’ of data held in a computer means:
‘Impairment’ of an electronic communication means:
‘Impairment’ does not include the mere interception of a communication.
A computer function is ‘unauthorised’ if you were not entitled to cause it.
A ‘serious indictable offence’ is one that carries a maximum penalty of at least 5 years in prison.
You may be found guilty of the offence even if:
Duress is a defence to the charge.
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