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Crimes Act 1914 (Cth) - Section 76D
Unlawful access to data in Commonwealth and other computers by means
of Commonwealth facility
76D. (1) A person who, by means of a facility operated or provided by
the Commonwealth, 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:
(a) by means of a facility operated or provided by the Commonwealth,
with intent to defraud any person and without authority obtains
access to data stored in a computer; or
(b) 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:
(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) by means of a facility operated or provided by the Commonwealth,
has intentionally and without authority obtained access to data
stored in a 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.
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