New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 308C

308C Unauthorised access, modification or impairment with intent to commit serious indictable offence

(1) A person who causes any unauthorised computer function--

(a) knowing it is unauthorised, and

(b) with the intention of committing a serious indictable offence, or facilitating the commission of a serious indictable offence (whether by the person or by another person),

is guilty of an offence.

: Maximum penalty--The maximum penalty applicable if the person had committed, or facilitated the commission of, the serious indictable offence in this jurisdiction.

(2) For the purposes of this section, an
"unauthorised computer function" is--

(a) any unauthorised access to data held in any computer, or

(b) any unauthorised modification of data held in any computer, or

(c) any unauthorised impairment of electronic communication to or from any computer.

(3) For the purposes of this section, a
"serious indictable offence" includes an offence in any other jurisdiction that would be a serious indictable offence if committed in this jurisdiction.

(4) A person may be found guilty of an offence against this section--

(a) even if committing the serious indictable offence concerned is impossible, or

(b) whether the serious indictable offence is to be committed at the time of the unauthorised conduct or at a later time.

(5) It is not an offence to attempt to commit an offence against this section.