Document ID: chunk:federal_register_of_legislation:C2004C01213:clause:1_4:p1
Version: federal_register_of_legislation:C2004C01213
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 1/7)
Character Range: 2479–5186

4  The Schedule (before the Dictionary in the Criminal Code)
Insert:

Part 10.7—Computer offences

Division 476—Preliminary

476.1  Definitions

 (1) In this Part:

access to data held in a computer means:
 (a) the display of the data by the computer or any other output of the data from the computer; or
 (b) the copying or moving of the data to any other place in the computer or to a data storage device; or
 (c) in the case of a program—the execution of the program.

Commonwealth computer means a computer owned, leased or operated by a Commonwealth entity.

data includes:
 (a) information in any form; or
 (b) any program (or part of a program).

data held in a computer includes:
 (a) data held in any removable data storage device for the time being held in a computer; or
 (b) data held in a data storage device on a computer network of which the computer forms a part.

data storage device means a thing (for example, a disk or file server) containing, or designed to contain, data for use by a computer.

electronic communication means a communication of information in any form by means of guided or unguided electromagnetic energy.

impairment of electronic communication to or from a computer includes:
 (a) the prevention of any such communication; or
 (b) the impairment of any such communication on an electronic link or network used by the computer;
but does not include a mere interception of any such communication.

modification, in respect of data held in a computer, means:
 (a) the alteration or removal of the data; or
 (b) an addition to the data.

telecommunications service means a service for carrying communications by means of guided or unguided electromagnetic energy or both.

unauthorised access, modification or impairment has the meaning given in section 476.2.

 (2) In this Part, a reference to:
 (a) access to data held in a computer; or
 (b) modification of data held in a computer; or
 (c) the impairment of electronic communication to or from a computer;
is limited to such access, modification or impairment caused, whether directly or indirectly, by the execution of a function of a computer.

476.2  Meaning of unauthorised access, modification or impairment

 (1) In this Part:
 (a) access to data held in a computer; or
 (b) modification of data held in a computer; or
 (c) the impairment of electronic communication to or from a computer; or
 (d) the impairment of the reliability, security or operation of any data held on a computer disk, credit card or other device used to store data by electronic means;
by a person is unauthorised if the person is not entitled to cause that access, modification or impairment.

 (2) Any such access, modification