Unauthorised access to, or modification of, restricted 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:
‘Data held in a computer’ means:
A ‘data storage device’ is any thing, including a disk or file server, which contains or is designed to contain data for use by a computer.
‘Access’ to data held in a computer means:
‘Modification’ of data held in a computer means:
Your actions were ‘unauthorised’ if you were not entitled to cause them however, your actions are not unauthorised merely because you had an ulterior motive for them, or if:
‘Restricted data’ means data held in a computer to which access is restricted by an access control system associated with a function of the computer.
Proceedings for the offence must be commenced no later than 12 months from the date of the alleged commission of the offence.
Duress is a defence to the charge.
Jason Koh was amazing throughout the whole process. I was kept updated from start to…
Fred Cao was so professional when dealing with my situation which is related to domestic…
Can not recommend Mr Tuan Phan enough! He is very professional, honest and responsive. He…
Kent Park is very professional, always ready to help gave us good advice and really…