Document ID: chunk:federal_register_of_legislation:C2024C00431:section:44
Version: federal_register_of_legislation:C2024C00431
Segment Type: section
Provision Reference: s 44
Character Range: 121063–123454

44  Unauthorised modification or impairment of identifying information

Unauthorised modification
 (1) A person commits an offence if:
 (a) the person causes any unauthorised modification of identifying information; and
 (b) the person intends to cause the modification; and
 (c) the person knows that the modification is unauthorised.
Penalty: Imprisonment for 2 years, or 120 penalty units, or both.

Unauthorised impairment
 (2) A person commits an offence if:
 (a) the person causes any unauthorised impairment of:
 (i) the reliability of identifying information; or
 (ii) the security of the storage of identifying information; or
 (iii) the operation of a system by which identifying information is stored; and
 (b) the person intends to cause the impairment; and
 (c) the person knows that the impairment is unauthorised.
Penalty: Imprisonment for 2 years, or 120 penalty units, or both.

Exception
 (2A) If:
 (a) a disclosure of identifying information is made to a person who is not an entrusted person; and
 (b) the disclosure is a permitted disclosure within the meaning of section 43;
this section does not apply in relation to any modification or impairment of that identifying information by a person who is not an entrusted person.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).

Interpretation
 (3) In this section:
 (a) modification of identifying information; or
 (b) impairment of the reliability of identifying information; or
 (c) impairment of the security of the storage of identifying information; or
 (d) impairment of the operation of a system by which identifying information is stored;
by a person is unauthorised if the person is not entitled to cause that modification or impairment.
 (4) Any such modification or impairment caused by the person is not unauthorised merely because he or she has an ulterior purpose for causing it.
 (5) For the purposes of this section, a person causes any such unauthorised modification or impairment if the person's conduct substantially contributes to it.
 (6) For the purposes of subsection (3), if:
 (a) a person causes any modification or impairment of a kind mentioned in that subsection; and
 (b) the person does so under a warrant issued under an Australian law;
the person is entitled to cause that modification or impairment.