New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 308B

308B Meaning of unauthorised access, modification or impairment

(1) For the purposes of this Part, access to or modification of data, or impairment of electronic communication, by a person is
"unauthorised" if the person is not entitled to cause that access, modification or impairment.

(2) Any such access, modification or impairment is not unauthorised merely because the person has an ulterior purpose for that action.

(2A) For the purposes of an offence under section 308D, 308E or 308H, any such access, modification or impairment is also not unauthorised if--

(a) it is caused by an authorised person, and

(b) the computer concerned is in the lawful custody of the authorised person when the access, modification or impairment is caused, and

(c) the purpose of the access, modification or impairment is to preserve, or prevent the concealment, fabrication, destruction or loss of, evidence of the commission of an offence.

(3) For the purposes of an offence under this Part, a person causes any such unauthorised access, modification or impairment if the person's conduct substantially contributes to the unauthorised access, modification or impairment.

(4) For the purposes of an offence under section 308I, impairment of the reliability, security or operation of data is not unauthorised if--

(a) it is caused by an authorised person, and

(b) the computer disk, credit card or other device concerned is in the lawful custody of the authorised person when the impairment is caused, and

(c) the purpose of the impairment is to preserve, or prevent the concealment, fabrication, destruction or loss of, evidence of the commission of an offence.

(5) If an authorised person causes the access, modification or impairment referred to in subsection (2A) or (4), the authorised person must, as soon as practicable after causing that access, modification or impairment, make a record in writing of the manner of that access, modification or impairment.

(6) Failure to comply with subsection (5) does not make the access, modification or impairment unauthorised.

(7) In this section--

"authorised person" means a law enforcement officer or a person authorised by a law enforcement agency.

"law enforcement agency" has the same meaning as in section 13 of the Criminal Records Act 1991 .

"law enforcement officer" has the same meaning as in Division 8A of Part 3.