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Unauthorised Access to Data Held in a Computer is an offence under Section 308H of the Crimes Act 1900, which carries a maximum penalty of 2 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
You must be found not guilty if the prosecution is unable to prove each of these ‘elements’.
‘Restricted data’ is that which is held in a computer and restricted by an access control system.
‘Access’ is defined as:
‘Modify’ is defined as:
Access is ‘unauthorised’ if you are not entitled to effect it.
A prosecution for the offence must be commenced no later than 12 months after it was allegedly committed.
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