South Australian Current Acts South Australian Current Acts86F—Use of computer to commit, or facilitate the commission of, an
offence outside the State
(1) A person
who—
(a) uses
a computer in this State to cause (directly or indirectly)—
(i)
unauthorised access to or modification of computer data;
or
(ii)
an unauthorised impairment of electronic communication;
and
knows that the access, modification or impairment is unauthorised; and
(b)
intends, by that access, modification or impairment, to commit, or to
facilitate the commission (either by that person or someone else) of, a
prohibited act in another jurisdiction (the "relevant jurisdiction ),
is guilty of an offence.
Maximum penalty: The maximum penalty under the law of this State for an
attempt to commit the prohibited act in this State.
(2) A "prohibited act"
is an act that would—
(a) if
committed with intent in the relevant jurisdiction, constitute an offence for
which a maximum penalty of life imprisonment or imprisonment for a term of at
least 5 years is prescribed; and
(b) if
committed with intent in this State, constitute an offence for which a maximum
penalty of life imprisonment or imprisonment for a term of at least 5 years is
prescribed.
(3) A person may be
convicted of an offence against this section—
(a)
whether the prohibited act was to be committed at the time of the conduct to
which the charge relates or later; and
(b) even
though it would have been impossible in the circumstances to commit the
prohibited act.
(4) A person cannot be
convicted of an attempt to commit an offence against this section.
(5) In this
section—
"act" includes an omission or state of affairs that is (if it occurred in this
State) capable of constituting an element of an offence.