Australian Capital Territory Current Acts

CRIMINAL CODE 2002 - SECT 416

    (1)     A person commits an offence if—

        (a)     the person causes unauthorised modification of data held in a computer; and

        (b)     the person knows the modification is unauthorised; and

        (c)     the person—

              (i)     intends by the modification to impair access to, or to impair the reliability, security or operation of, data held in a computer; or

              (ii)     is reckless about any such impairment.

Maximum penalty: 1 000 penalty units, imprisonment for 10 years or both.

    (2)     A person can be found guilty of an offence against this section even if there is or will be no actual impairment to access to, or the reliability, security or operation of, data held in a computer.

    (3)     A conviction for an offence against this section is an alternative verdict to a charge for—

        (a)     an offence against section 403 (Damaging property); or

        (b)     an offence against section 417 (Unauthorised impairment of electronic communication).