Document ID: chunk:federal_register_of_legislation:C2004C01213:clause:1_4:p6
Version: federal_register_of_legislation:C2004C01213
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 6/7)
Character Range: 14992–17676

unauthorised; and
 (d) one or more of the following applies:
 (i) the restricted data is held in a Commonwealth computer;
 (ii) the restricted data is held on behalf of the Commonwealth;
 (iii) the access to, or modification of, the restricted data is caused by means of a telecommunications service.

Penalty: 2 years imprisonment.

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

 (3) In this section:

restricted data means data:
 (a) held in a computer; and
 (b) to which access is restricted by an access control system associated with a function of the computer.

478.2  Unauthorised impairment of data held on a computer disk etc.

 (1) A person is guilty of an offence if:
 (a) the person causes any unauthorised impairment of the reliability, security or operation of data held on:
 (i) a computer disk; or
 (ii) a credit card; or
 (iii) another device used to store data by electronic means; and
 (b) the person intends to cause the impairment; and
 (c) the person knows that the impairment is unauthorised; and
 (d) the computer disk, credit card or other device is owned or leased by a Commonwealth entity.

Penalty: 2 years imprisonment.

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

478.3  Possession or control of data with intent to commit a computer offence

 (1) A person is guilty of an offence if:
 (a) the person has possession or control of data; and
 (b) the person has that possession or control with the intention that the data be used, by the person or another person, in:
 (i) committing an offence against Division 477; or
 (ii) facilitating the commission of such an offence.

Penalty: 3 years imprisonment.

 (2) A person may be found guilty of an offence against this section even if committing the offence against Division 477 is impossible.

No offence of attempt

 (3) It is not an offence to attempt to commit an offence against this section.

Meaning of possession or control of data

 (4) In this section, a reference to a person having possession or control of data includes a reference to the person:
 (a) having possession of a computer or data storage device that holds or contains the data; or
 (b) having possession of a document in which the data is recorded; or
 (c) having control of data held in a computer that is in the possession of another person (whether inside or outside Australia).

478.4  Producing, supplying or obtaining data with intent to commit a computer offence

 (1) A person is guilty of an offence if:
 (a) the person produces, supplies or obtains data; and
 (b) the person does so with the intention that the data be used, by the person or another person, in:
 (i) committing an offence against