Document ID: chunk:federal_register_of_legislation:C2004C01213:clause:1_4:p5
Version: federal_register_of_legislation:C2004C01213
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 5/7)
Character Range: 12432–15235

data held in any computer; or
 (ii) the reliability, security or operation, of any such data; and
 (d) one or more of the following applies:
 (i) the data that is modified is held in a Commonwealth computer;
 (ii) the data that is modified is held on behalf of the Commonwealth in a computer;
 (iii) the modification of the data is caused by means of a telecommunications service;
 (iv) the modification of the data is caused by means of a Commonwealth computer;
 (v) the modification of the data impairs access to, or the reliability, security or operation of, other data held in a Commonwealth computer;
 (vi) the modification of the data impairs access to, or the reliability, security or operation of, other data held on behalf of the Commonwealth in a computer;
 (vii) the modification of the data impairs access to, or the reliability, security or operation of, other data by means of a telecommunications service.

Penalty: 10 years imprisonment.

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

 (3) A person may be guilty of an offence against this section even if there is or will be no actual impairment to:
 (a) access to data held in a computer; or
 (b) the reliability, security or operation, of any such data.

 (4) A conviction for an offence against this section is an alternative verdict to a charge for an offence against section 477.3 (unauthorised impairment of electronic communication).

477.3  Unauthorised impairment of electronic communication

 (1) A person is guilty of an offence if:
 (a) the person causes any unauthorised impairment of electronic communication to or from a computer; and
 (b) the person knows that the impairment is unauthorised; and
 (c) one or both of the following applies:
 (i) the electronic communication is sent to or from the computer by means of a telecommunications service;
 (ii) the electronic communication is sent to or from a Commonwealth computer.

Penalty: 10 years imprisonment.

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

 (3) A conviction for an offence against this section is an alternative verdict to a charge for an offence against section 477.2 (unauthorised modification of data to cause impairment).

Division 478—Other computer offences

478.1  Unauthorised access to, or modification of, restricted data

 (1) A person is guilty of an offence if:
 (a) the person causes any unauthorised access to, or modification of, restricted data; and
 (b) the person intends to cause the access or modification; and
 (c) the person knows that the access or modification is 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