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Unauthorised modification of data with intent to cause impairment is an offence under section 308D of the Crimes Act 1900, which carries a maximum penalty of 10 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
‘Data’ includes information in any form and any program.
‘Data held in a computer’ means:
‘Modification’ of data means any alteration or removal of data or any addition to data.
‘Impairment’ of an electronic communication includes:
‘Impairment’ does not include the mere interception of a communication.
A modification or impairment is ‘unauthorised’ if you were not entitled to cause it, however, your actions are not unauthorised merely because you had an ulterior motive for them, or if:
Duress is a defence to the charge.
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