(Federal Legislation)

The Parliament Joint Committee on the Australian Crime Commission has in March 2004 prepared a document on Cybercrime, see www.aph.gov.au/senate_acc

THE CYBERCRIME ACT 2001

An Act to amend the law relating to computer offences, and for other purposes

477.2 Unauthorised modification of data to cause impairment
(1) A person is guilty of an offence if:
(a) the person causes any unauthorized modification of data held in a computer; and
(b) the person knows the modification is unauthorized; 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; and
(d) one of the following applies:
(i) the data that is modified is held in a Commonwealth computer;
(ii) ………….
(iii)………
Penalty: 10 years imprisonment.
(2) Absolute liability applies to paragraph (1)(d)
(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 charge for an offence against section

477.3 (unauthorized impairment of electronic communication).

477.3 Unauthorised impairment of electronic communication
(1) A person is guilty of an offence if:
(a) the person causes any unauthorized impairment of electronic communication to or from a computer; and
(b) the person knows that the impairment is unauthorized; and
(c) one or both of the following applies:
(i) the electronic communication is sent to or from the computer by means of a telecommunications service;
(ii) the electronic communication is sent to or from a Commonwealth computer.
Penalty: 10 years imprisonment.
(2) Absolute liability applies to paragraph (1)(c).
(3) A conviction for an offence against this section is an alternative verdict to a charge for an offence against section 477.2 (unauthorized modification of data to cause impairment).

478.1 Unauthorised access to, or modification of, restricted data
(1) A person is guilty of 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; and
(d) one or more of the following applies:
(i) the restricted data is held in a Commonwealth computer;
(ii) the restricted data is held on behalf of the Commonwealth;
(iii) the access to, or modification of, the restricted data is caused by means of a telecommunications service.
Penalty: 2 years imprisonment.
(2) Absolute liability applies to paragraph (1)(d)
(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 a computer disk etc.
(1) A person is guilty of an offence if:
(a) the person causes any aunauthorised 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 unauthorized; and
(d) the computer disk, credit card or other device is owned or leased by a Commonwealth entity.
Penalty: 2 years imprisonment.
(2) Absolute liability applies to paragraph (1)(d).

478.3 Possession or control of data with intent to commit a computer offence
(1) A person is guilty of 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 comission 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 is impossible.
No offence of attempt
(3) It is not an offence to attempt to commit an offence against this section
Meaning of possession or control of data
(4) In this section, a reference to a person having possession or control of data includes a reference to the person:
(a) having possession of a computer or storage device that holds or contains the data; or
(b) having possession of a document in which the data is recorded; or
(c) having control of data held in a computer that is in the possession of another person (whether inside or outside Australia).

478.4 Producing, supplying or obtaining data with intent to commit a computer offence
(1) A person is guilty of an offence if:
(a) the person produces, supplies or obtains data; and
(b) the person does so 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 attempt
(3) It is not an offence to attempt to commit an offence against this section.
Meaning of production, supplying or obtaining data
(4) In this section, a reference to a person producing, supplying or obtaining data includes a reference to the person:
(a) producing, supplying or obtaining data held or contained in a computer or data storage device; or
(b) producing, supplying or obtaining a document in which the data is recorded.