Crimes Act 1900 No 40
Historical version for 1 January 1991 to 16 March 1991 (accessed 26 May 2013 at 13:36) Current version
Part 6

Part 6 Offences relating to computers

308   Definitions

In this Part:
(a)  a reference to data includes a reference to information, and
(b)  a reference to a program or data includes a reference to part of the program or data, and
(c)  a reference to data stored in a computer includes a reference to data entered or copied into the computer.

309   Unlawful access to data in computer

(1)  A person who, without authority or lawful excuse, intentionally obtains access to a program or data stored in a computer is liable, on conviction before two justices, to imprisonment for 6 months, or to a fine of $5,000, or both.
(2)  A person who, with intent:
(a)  to defraud any person, or
(b)  to obtain for himself or herself or another person any financial advantage of any kind, or
(c)  to cause loss or injury to any person,
      obtains access to a program or data stored in a computer is liable to imprisonment for 2 years, or to a fine of $50,000, or both.
(3)  A person who, without authority or lawful excuse, intentionally obtains access to a program or data stored in a computer, being a program or data that the person knows or ought reasonably to know relates to:
(a)  confidential government information in relation to security, defence or inter-governmental relations, or
(b)  the existence or identity of any confidential source of information in relation to the enforcement or administration of the law, or
(c)  the enforcement or administration of the criminal law, or
(d)  the maintenance or enforcement of any lawful method or procedure for protecting public safety, or
(e)  the personal affairs of any person (whether living or deceased), or
(f)  trade secrets, or
(g)  records of a financial institution, or
(h)  information (other than trade secrets) that has a commercial value to any person that could be destroyed or diminished if disclosed,
      is liable to imprisonment for 2 years, or to a fine of $50,000, or both.
(4)  A person who:
(a)  without authority or lawful excuse, has intentionally obtained access to a program or data stored in a computer, and
(b)  after examining part of that program or data, knows or ought reasonably to know that the part of the program or data examined relates wholly or partly to any of the matters referred to in subsection (3), and
(c)  continues to examine that program or data,
      is liable to imprisonment for 2 years, or to a fine of $50,000, or both.

310   Damaging data in computer

A person who intentionally and without authority or lawful excuse:
(a)  destroys, erases or alters data stored in or inserts data into a computer, or
(b)  interferes with, or interrupts or obstructs the lawful use of a computer,
is liable to penal servitude for 10 years, or to a fine of $100,000, or both.
Top of page