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Computer Related Commonwealth Law

CRIMES ACT 1914 - Part VIA

CRIMES ACT 1914 - Part VIIB

CRIMES ACT 1914 - Part VIA

SECTION 76A

  1. In this Part, unless the contrary intention appears: "carrier" means:
    1. a general carrier within the meaning of the Telecommunications Act 1991; or
    2. a mobile carrier within the meaning of that Act; or
    3. a person who supplies eligible services within the meaning of that Act under a class licence issued under section 209 of that Act;

    "Commonwealth" includes a public authority under the Commonwealth;

    "Commonwealth computer" means a computer, a computer system or a part of a computer system, owned, leased or operated by the Commonwealth;

    "data" includes information, a computer program or part of a computer program.

  2. In this Part:
    1. a reference to data stored in a computer includes a reference to data entered or copied into a computer;
    2. a reference to data stored on behalf of the Commonwealth in the computer includes a reference to:
      1. data stored in the computer at the direction or request of the Commonwealth; and
      2. data supplied by the Commonwealth that is stored in the computer under, or in the course of performing, a contract with the Commonwealth.

SECTION 76B

  1. A person who intentionally and without authority obtains access to:
    1. data stored in a Commonwealth computer; or
    2. data stored on behalf of the Commonwealth in a computer that is not a Commonwealth computer;

    is guilty of an offence.

    Penalty: Imprisonment for 6 months

  2. A person who:
    1. with intent to defraud any person and without authority obtains access to data stored in a Commonwealth computer, or to data stored on behalf of the Commonwealth in a computer that is not a Commonwealth computer; or
    2. with intent to defraud any person and without authority obtains access to data stored in a Commonwealth computer, or to data stored on behalf of the Commonwealth in a computer that is not a Commonwealth computer; or
      1. the security, defence or international relations of Australia;
      2. the existence or identity of a confidential source of information relating to the enforcement of a criminal law of the Commonwealth or of a State or Territory;
      3. the enforcement of a law of the Commonwealth or of a State or Territory;
      4. the protection of public safety;
      5. the personal affairs of any person;
      6. trade secrets;
      7. records of a financial institution; or
      8. commercial Information the disclosure of which could cause advantage or disadvantage to any person

    is guilty of an offence

    Penalty: Imprisonment for 2 years

  3. A person who:
    1. has intentionally and without authority obtained access to data stored in a Commonwealth computer, or to data stored on behalf of the Commonwealth in a computer that is not a Commonwealth computer;
    2. after examining part of that data, knows or ought reasonably to know that the part of the data which the person examined relates wholly or partly to any of the matters referred to in paragraph (2) (b); and
    3. continues to examine that data;

    is guilty of an offence.

    Penalty for a contravention of this subsection:
    Imprisonment for 2 years

SECTION 76C

A person who intentionally and without authority or lawful excuse:

  1. destroys, erases or alters data stored in, or inserts data into a Commonwealth computer;
  2. interferes with, or interrupts or obstructs the lawful use of, a Commonwealth computer;
  3. destroys, erases, alters or adds data stored on behalf of the Commonwealth in a computer that is not a Commonwealth computer; or
  4. impedes or prevents access to, or impairs the usefulness or effectiveness of, data stored in a Commonwealth computer or data stored on behalf of the Commonwealth in a computer that is not a Commonwealth computer;

is guilty of an offence.

Penalty: Imprisonment for 10 years

SECTION 76D

  1. A person who, by means of a facility operated or provided by the Commonwealth or by a carrier, intentionally and without authority obtains access to data stored in a computer, is guilty of an offence.

    Penalty: Imprisonment for 6 months

  2. A person who:
    1. by means of a facility operated or provided by the Commonwealth or by a carrier, with intent to defraud any person and without authority obtains access to data stored in a computer; or
    2. by means of such a facility, intentionally and without authority obtains access to data stored in a computer, being data that the person knows or ought reasonably to know relates to:
      1. the security, defence or international relations of Australia;
      2. the existence or identity of a confidential source of information relating to the enforcement of a criminal law of the Commonwealth or of a State or Territory;
      3. the enforcement of a law of the Commonwealth or of a State or Territory;
      4. the protection of public safety;
      5. the personal affairs of any person;
      6. trade secrets;
      7. records of a financial institution; or
      8. commercial Information the disclosure of which could cause advantage or disadvantage to any person.

    is guilty of an offence

    Penalty: Imprisonment for 10 years

  3. A person who:
    1. by means of a facility operated or provided by the Commonwealth or by a carrier, has intentionally and without authority obtained access to data stored in a computer;
    2. after examining part of that data, knows or ought reasonably to know that the part of the data which the person examined relates wholly or partly to any of the matters referred to in paragraph (2)(b); and
    3. continues to examine that data;

    is guilty of an offence.

    Penalty for a contravention of this subsection:
    Imprisonment for 2 years

SECTION 76E

A person who, by means of a facility operated or provided by the Commonwealth or by a carrier, intentionally and without authority or lawful excuse:

  1. destroys, erases or alters data stored in, or inserts data into a computer;
  2. interferes with, or interrupts or obstructs the lawful use of, a computer;
  3. impedes or prevents access to, or impairs the usefulness or effectiveness of, data stored in a computer;

is guilty of an offence.

Penalty: Imprisonment for 10 years

CRIMES ACT 1914 - Part VIIB

SECTION 85ZE

A person who knowingly or recklessly:

  1. use a telecommunications service supplied by a carrier to menace or harass another person; or
  2. use a telecommunications service supplied by a carrier in such a way as would be regarded by reasonable persons as being, in all the circumstances, offensive.

is guilty of an offence.

Penalty: Imprisonment for 1 years

Last Modified: Mar 31, 1995

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