Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p38
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 38/97)
Character Range: 1704533–1707333

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 commits 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.
Penalty: 10 years imprisonment.
 (2) A person is not criminally responsible for an offence against subsection (1) if:
 (a) the person is, at the time of the offence, an ASIO officer acting in good faith in the course of the person's duties; and
 (b) the conduct of the person is reasonable in the circumstances for the purpose of performing that duty.
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
 (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 commits 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.
Penalty: 2 years imprisonment.
 (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.
  A person commits 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.
Penalty: 2 years imprisonment.

478.3  Possession or control of data with intent to commit a computer offence
 (1) A person commits 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