Previous Document
Crimes Act 1914 (Cth) - Section 76B
Unlawful access to data in Commonwealth and other computers
76B. (1) A person who intentionally and without authority obtains access to:
(a) data stored in a Commonwealth computer; or
(b) 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:
(a) 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
(b) intentionally 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, being data that the person knows or ought reasonably
to know relates to:
(i) the security, defence or international relations of
Australia;
(ii) 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;
(iii) the enforcement of a law of the Commonwealth or of a State
or Territory;
(iv) the protection of public safety;
(v) the personal affairs of any person;
(vi) trade secrets;
(vii) records of a financial institution; or
(viii) 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:
(a) 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;
(b) 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
(c) continues to examine that data;
is guilty of an offence.
Penalty for a contravention of this subsection: Imprisonment for 2 years.
Next Document