Document ID: chunk:federal_register_of_legislation:C2004C01213:clause:1_4:p4
Version: federal_register_of_legislation:C2004C01213
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 4/7)
Character Range: 9943–12654

access, modification or impairment is caused by means of a telecommunications service; and
 (c) the person knows the access, modification or impairment is unauthorised; and
 (d) the person intends to commit, or facilitate the commission of, a serious offence against a law of the Commonwealth, a State or a Territory (whether by that person or another person) by the access, modification or impairment.

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

 (3) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the offence was:
 (a) an offence against a law of the Commonwealth, a State or a Territory; or
 (b) a serious offence.

Intention to commit a serious Commonwealth offence

 (4) A person is guilty of an offence if:
 (a) the person causes:
 (i) any unauthorised access to data held in a computer; or
 (ii) any unauthorised modification of data held in a computer; or
 (iii) any unauthorised impairment of electronic communication to or from a computer; and
 (b) the person knows the access, modification or impairment is unauthorised; and
 (c) the person intends to commit, or facilitate the commission of, a serious offence against a law of the Commonwealth (whether by that person or another person) by the access, modification or impairment.

 (5) In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the offence was:
 (a) an offence against a law of the Commonwealth; or
 (b) a serious offence.

Penalty

 (6) A person who is guilty of an offence against this section is punishable, on conviction, by a penalty not exceeding the penalty applicable to the serious offence.

Impossibility

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

No offence of attempt

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

Meaning of serious offence

 (9) In this section:

serious offence means an offence that is punishable by imprisonment for life or a period of 5 or more years.

477.2  Unauthorised modification of data to cause impairment

 (1) A person is guilty of an offence if:
 (a) the person causes any unauthorised modification of data held in a computer; and
 (b) the person knows the modification is unauthorised; and
 (c) the person is reckless as to whether the modification impairs or will impair:
 (i) access to that or any other 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