Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p37
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 37/97)
Character Range: 1702115–1704809

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
 (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.
 (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.

Penalty
 (6) A person who commits 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 commits 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.
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 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