Northern Territory Second Reading Speeches

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CRIMINAL CODE AMENDMENT BILL (NO. 3) 2001


Madam Speaker I move that the bill be now read a second time.

The purpose of this bill is to amend the Criminal Code to provide for computer related offences. The Northern Territory was the first jurisdiction to enact computer related crime legislation introduction of the Criminal Code in 1983. The code currently contains two computer offences - section 222, unlawfully obtaining confidential information which covers the extraction of confidential material from the computer, and section 276, making false data processing materials. Section 222 is still an appropriate offence and will remain in its current form. However as society has become more computer literate and computers have become more readily available outside the commercial sector other forms of crime have evolved. The existing offences are no longer adequate to cover the wide range of electronic crime emerging in this technological age.

Madam Speaker, we recognise that the rapid growth in the information technology requires us to ensure that the existing laws with technology gaps are amended and new laws with specific electronic offences are drafted. This bill introduces some new offences and amends some existing offences to provide for old crime which is conducted by new technological means. For example, the definition of writing, document and deception have been amended to accommodate the technology and the offence of stalking has been widened to included stalking by use of the computer, a criminal activity which is becoming far too common. The offence of criminal deception has been widened to include obtaining a benefit or advantage through use of a machine or credit card fraud using a computer. Some offences contained in the Code are already wide enough to capture the e-crime field such as the relatively recently enacted child pornography offences.

The bill repeals Division 10 Part 4 of the Code which currently contains the offence of making false data processing material and substitutes it with a new division computer offences containing three new offences aimed at hacking, sabotage, fraud and general damage. Each of the offences carries a maximum penalty of 10 years imprisonment. The new division also provides for the extensive reach of computer crime by inserting a Territorial nexus provision so that the computer crime which may have been committed in another jurisdiction, but has an effect in the Territory, can be prosecuted in the Territory. With the rapid growth in computer use criminals are finding new ways to commit old crimes and are using more and more sophisticated technology to commit those crimes. New section 276 defines amongst other things that data storage device means anything containing or designed to contain data that may be used in a computer and includes a device that may be used to gain access to, or to perform a function on, a communications or telecommunications network. This section is designed to cover a wide variety of devices which contain electromagnetic information but will not capture, for example, a child’s hand held computer game.

Proposed new section 276(b) provides for the prosecution of a person who unlawfully accesses data with intent to cause loss or gain a benefit. This offence is designed to capture electronic fraud. It also provides a maximum penalty of 10 years imprisonment for a person who unlawfully uses data that has been accessed unlawfully. This is aimed at controlling the dealing and trafficking of data which might be used to commit further computer crime. It is a broad offence because of the potentially wide nature of computer crimes. Proposed section 276(c) creates the offence of unlawful modification of data to cause impairment. Modifications is defined as the alteration and removal of data or of addition to the data. This offence will apply to hackers who cause the infection of computer data or a program with a virus or worm, or alter or damage data in any way. The offence also provides for the situation where a person sets in train a course of events resulting in the alteration or damage, even if that person did not actually access the particular computer in which the data was damaged. This occurs frequently with virus attacks on computer systems. The relatively recent Love Bug and the Melissa viruses are examples of the extent of damage which can be caused this way.

Proposed section 276(d) creates the offence of unauthorised impairment of electronic communication to or from a computer. The offence has a broad band of application from harms which are transient or where data on electronic cards and tokens is damaged to conduct which results in serious economic loss or disruption to business, government or community services and electronic form of sabotage.

Proposed new section 276(d) provides for the old offence of stealing in new electronic form. It covers a situation where a person steals someone else’s time on a computer. For example, where a person accesses another person’s Internet account and books up time on that person’s account, either for themselves or for a third person, or where they access a telephone account by using another person’s pin number. I understand that police have discovered these to be common, simple and lucrative activities for some criminals in the Northern Territory.

The proposed provisions provide an effective response to computer offences. The bill is the result of several months of consultation research into the developments of national and international computer law. We believe that this package of legislative changes places the Northern Territory at the forefront of criminal law in computer offences and fulfills the Northern Territory’s obligation to assist in national and international efforts to control computer crime.

Madam Speaker, I commend the bill to honourable members.

Debate adjourned.


 

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