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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Crimes (Property Damage and Computer Offences)
Act 2003
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Principal Act 2
PART 2--AMENDMENTS TO THE CRIMES ACT 1958 3
4. New section 201A inserted 3
201A. Intentionally or recklessly causing a bushfire 3
5. Insertion of new Subdivision (6) in Division 3 of Part I 4
(6) Computer Offences 4
247A. Interpretation 4
247B. Unauthorised access, modification or impairment with
intent to commit serious offence 7
247C. Unauthorised modification of data to cause impairment 8
247D. Unauthorised impairment of electronic communication 9
247E. Possession of data with intent to commit serious
computer offence 9
247F. Producing, supplying or obtaining data with intent to
commit serious computer offence 10
247G. Unauthorised access to or modification of restricted data 11
247H. Unauthorised impairment of data held in computer disk,
credit card or other device 11
247I. Extra-territorial operation of offences 12
6. Insertion of new Subdivision (7) in Division 3 of Part I 12
(7) Sabotage 12
247J. Interpretation 12
247K. Sabotage 14
247L. Threats to sabotage 15
7. New sections 428 and 429 inserted 16
428. Alternative verdict for charges of unauthorised
modification of data to cause impairment 16
429. Alternative verdict for charges of unauthorised
impairment of electronic communication 16
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Clause Page
8. Consequential amendments 17
9. Transitional provision 17
597. Transitional provision--Crimes (Property Damage
and Computer Offences) Act 2003 17
PART 3--AMENDMENTS TO THE BAIL ACT 1977 AND OTHER
CONSEQUENTIAL AMENDMENTS 18
10. Amendment to the Bail Act 1977 18
11. Transitional provision--amendment to the Bail Act 1977 18
12. Consequential amendment to the Magistrates' Court Act 1989 18
37A. Computer Offences 18
13. Consequential amendment to the Sentencing Act 1991 18
14. Transitional provision--consequential amendment to the
Sentencing Act 1991 19
127. Transitional provision--Crimes (Property Damage
and Computer Offences) Act 2003 19
15. Repeal of section 9A of the Summary Offences Act 1966 19
ENDNOTES 20
ii
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PARLIAMENT OF VICTORIA
Initiated in Council 26 February 2003
A BILL
to amend the Crimes Act 1958 to create offences relating to bushfires,
computers and sabotage, to amend the Bail Act 1977 with respect to
the granting of bail on a charge of arson causing death, to make
consequential amendments to other Acts and for other purposes.
Crimes (Property Damage and
Computer Offences) Act 2003
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is--
(a) to amend the Crimes Act 1958 to create
5 offences relating to bushfires, computers and
sabotage; and
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Crimes (Property Damage and Computer Offences) Act 2003
Act No.
Part 1--Preliminary
s. 2
(b) to amend the Bail Act 1977 to include the
offence of arson causing death as an offence
in respect of which there is a presumption
against bail.
5 2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Principal Act
See: In this Act, the Crimes Act 1958 is called the
Act No.
10 Principal Act.
6231/1958.
Reprint No. 16
as at
1 January
2002
and
amending
Act Nos
45/2001,
11/2002,
16/2002 and
35/2002.
LawToday:
www.dms.
dpc.vic.
gov.au
__________________
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Crimes (Property Damage and Computer Offences) Act 2003
Act No.
Part 2--Amendments to the Crimes Act 1958
s. 4
PART 2--AMENDMENTS TO THE CRIMES ACT 1958
4. New section 201A inserted
After section 201 of the Principal Act insert--
'201A. Intentionally or recklessly causing a
5 bushfire
(1) A person who--
(a) intentionally or recklessly causes a fire;
and
(b) is reckless as to the spread of the fire to
10 vegetation on property belonging to
another--
is guilty of an offence and liable to level 4
imprisonment (15 years maximum).
(2) For the purposes of sub-section (1)(b),
15 circumstances in which a person is not to be
taken to be reckless as to the spread of a fire
include the following--
(a) the person caused the fire in the course
of carrying out a fire prevention, fire
20 suppression or other land management
activity; and
(b) at the time the activity was carried
out--
(i) there was in force a provision
25 made by or under an Act or by a
Code of Practice approved under
an Act, that regulated or otherwise
applied to the carrying out of the
activity and the person in carrying
30 out that activity acted in
accordance with the provision;
and
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s. 5
(ii) the person believed that his or her
conduct in carrying out the
activity was justified having
regard to all of the circumstances.
5 (3) For the purposes of sub-section
(2)(b)(ii) it is sufficient that a person
honestly believed that the conduct was
justified.
(4) In this section--
10 (a) a reference to causing a fire
includes--
(i) lighting a fire;
(ii) maintaining a fire;
(iii) failing to contain a fire,
15 except where the fire was lit
by another person or the fire
is beyond the control of the
person who lit the fire;
(b) "spread of the fire" means
20 spread of the fire beyond the
capacity of the person who caused
the fire to extinguish it.'.
5. Insertion of new Subdivision (6) in Division 3 of
Part I
25 After Subdivision (5) of Division 3 of Part I of the
Principal Act insert--
'(6) Computer Offences
247A. Interpretation
(1) In this Subdivision--
30 "access", in relation to data held in a
computer, means--
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Part 2--Amendments to the Crimes Act 1958
s. 5
(a) the display of the data by the
computer or any other output of
the data from the computer; or
(b) the copying or moving of the data
5 to any other place in the computer
or to a data storage device; or
(c) in the case of a program, the
execution of the program;
"data" includes--
10 (a) information in any form; and
(b) any program or part of a program;
"data held in a computer" includes--
(a) data entered or copied into the
computer; and
15 (b) data held in any removable data
storage device for the time being
in the computer; and
(c) data held in a data storage device
on a computer network of which
20 the computer forms part;
"data storage device" means any thing (for
example, a disk or file server)
containing or designed to contain data
for use by a computer;
25 "electronic communication" means a
communication of information in any
form by means of guided or unguided
electromagnetic energy;
"impairment", in relation to electronic
30 communication to or from a computer,
includes--
(a) the prevention of any such
communication; and
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s. 5
(b) the impairment of any such
communication on an electronic
link or network used by the
computer--
5 but does not include a mere interception
of any such communication;
"modification", in relation to data held in a
computer, means--
(a) the alteration or removal of the
10 data; or
(b) an addition to the data;
"serious computer offence" means--
(a) an offence against section 247B,
247C or 247D; or
15 (b) conduct in another jurisdiction
that is an offence in that
jurisdiction and that would
constitute an offence against
section 247B, 247C or 247D if the
20 conduct occurred in Victoria;
"unauthorised computer function" means
any of the following--
(a) any unauthorised access to data
held in a computer; or
25 (b) any unauthorised modification of
data held in a computer; or
(c) any unauthorised impairment of
electronic communication to or
from a computer.
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s. 5
(2) In this Subdivision, a reference to access to
data, modification of data or impairment of
electronic communication is limited to
access, modification or impairment caused
5 (whether directly or indirectly) by the
execution of a function of a computer.
(3) For the purposes of this Subdivision, access
to data, modification of data or impairment
of electronic communication by a person--
10 (a) is unauthorised if the person is not
entitled to cause that access,
modification or impairment;
(b) is not unauthorised merely because the
person has an ulterior purpose for that
15 action.
(4) For the purposes of an offence against this
Subdivision, a person causes an unauthorised
computer function if the person's conduct
substantially contributes to the unauthorised
20 computer function.
247B. Unauthorised access, modification or
impairment with intent to commit serious
offence
(1) A person who causes any unauthorised
25 computer function--
(a) knowing it is unauthorised; and
(b) with the intention of committing a
serious offence or facilitating the
commission of a serious offence
30 (whether by the person or by another
person)--
is guilty of an offence and liable to the same
maximum penalty as applies to the
commission of the serious offence in
35 Victoria.
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s. 5
(2) In this section "serious offence" means--
(a) an offence in Victoria punishable on
conviction for a first offence with
imprisonment for a term of 5 years or
5 more; or
(b) an offence in any other jurisdiction that
would be punishable on conviction for
a first offence with imprisonment for a
term of 5 years or more if committed in
10 Victoria.
(3) A person may be found guilty of an offence
against this section--
(a) even if committing the serious offence
is impossible; or
15 (b) whether the serious offence is to be
committed at the time of the
unauthorised conduct or at a later time.
(4) It is not an offence to attempt to commit an
offence against this section.
20 247C. Unauthorised modification of data to cause
impairment
A person who--
(a) causes any unauthorised modification
of data held in a computer; and
25 (b) knows that the modification is
unauthorised; and
(c) intends by the modification to impair
access to, or to impair the reliability,
security or operation of, any data held
30 in a computer or is reckless as to any
such impairment--
is guilty of an offence and liable to level 5
imprisonment (10 years maximum).
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s. 5
247D. Unauthorised impairment of electronic
communication
A person who--
(a) causes any unauthorised impairment of
5 electronic communication to or from a
computer; and
(b) knows that the impairment is
unauthorised; and
(c) intends to impair electronic
10 communication to or from the computer
or is reckless as to any such
impairment--
is guilty of an offence and liable to level 5
imprisonment (10 years maximum).
15 247E. Possession of data with intent to commit
serious computer offence
(1) A person who is in possession or control of
data--
(a) with the intention of committing a
20 serious computer offence; or
(b) with the intention of facilitating the
commission of a serious computer
offence (whether by the person or by
another person)--
25 is guilty of an offence and liable to
imprisonment for a term not exceeding
3 years.
(2) In this section, a reference to a person having
possession or control of data includes a
30 reference to a person--
(a) having possession of a computer or data
storage device that holds or contains the
data; and
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Part 2--Amendments to the Crimes Act 1958
s. 5
(b) having possession of a document in
which the data is recorded; and
(c) having control of data held in a
computer that is in the possession of
5 another person (whether the computer
is in Victoria or outside Victoria).
(3) A person may be found guilty of an offence
against this section even if committing the
serious computer offence is impossible.
10 (4) It is not an offence to attempt to commit an
offence against this section.
247F. Producing, supplying or obtaining data
with intent to commit serious computer
offence
15 (1) A person who produces, supplies or obtains
data--
(a) with the intention of committing a
serious computer offence; or
(b) with the intention of facilitating the
20 commission of a serious computer
offence (whether by the person or by
another person)--
is guilty of an offence and liable to
imprisonment for a term not exceeding
25 3 years.
(2) In this section, a reference to a person
producing, supplying or obtaining data
includes a reference to the person--
(a) producing, supplying or obtaining data
30 held in a computer or contained in a
data storage device; and
(b) producing, supplying or obtaining a
document in which the data is recorded.
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Crimes (Property Damage and Computer Offences) Act 2003
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Part 2--Amendments to the Crimes Act 1958
s. 5
(3) A person may be found guilty of an offence
against this section even if committing the
serious computer offence is impossible.
247G. Unauthorised access to or modification of
5 restricted data
(1) A person who--
(a) causes any unauthorised access to or
modification of restricted data held in a
computer; and
10 (b) knows that the access or modification is
unauthorised; and
(c) intends to cause the access or
modification--
is guilty of an offence and liable to level 7
15 imprisonment (2 years maximum).
(2) An offence against this section is a summary
offence.
(3) In this section "restricted data" means data
held in a computer to which access is
20 restricted by an access control system
associated with a function of the computer.
247H. Unauthorised impairment of data held in
computer disk, credit card or other device
(1) A person who--
25 (a) causes any unauthorised impairment of
the reliability, security or operation of
data held on a computer disk, credit
card or other device used to store data
by electronic means; and
30 (b) knows that the impairment is
unauthorised; and
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Part 2--Amendments to the Crimes Act 1958
s. 6
(c) intends to cause the impairment--
is guilty of an offence and liable to level 7
imprisonment (2 years maximum).
(2) An offence against this section is a summary
5 offence.
(3) For the purposes of this section, impairment
of reliability, security or operation of data is
unauthorised if the person is not entitled to
cause the impairment.
10 247I. Extra-territorial operation of offences
(1) It is immaterial that some or all of the
conduct constituting an offence against this
Subdivision occurred outside Victoria, so
long as the computer or device used to store
15 data by electronic means affected by the
conduct was in Victoria at the time at which
the conduct occurred.
(2) It is immaterial that the computer or device
used to store data by electronic means
20 affected by some or all of the conduct
constituting an offence against this
Subdivision was outside Victoria at the time
the conduct occurred, so long as that conduct
occurred in Victoria.'.
25 6. Insertion of new Subdivision (7) in Division 3 of
Part I
At the end of Division 3 of Part I of the Principal
Act insert--
'(7) Sabotage
30 247J. Interpretation
(1) In this Subdivision--
"property offence" means--
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Part 2--Amendments to the Crimes Act 1958
s. 6
(a) an offence against
Subdivision (1) of this
Division or Division 4; or
(b) conduct in another
5 jurisdiction that is an offence
in that jurisdiction and that
would constitute an offence
against Subdivision (1) of
this Division or Division 4 if
10 the conduct occurred in
Victoria;
"public facility" means any of the
following (whether publicly or
privately owned)--
15 (a) a government facility,
including premises used by
government employees in
connection with official
duties;
20 (b) a public infrastructure
facility, including a facility
providing or distributing
water, sewerage, energy,
fuel, communication or other
25 services to, or for the benefit
of, the public;
(c) a public information system,
including a system used to
generate, send, receive, store
30 or otherwise process
electronic communications;
(d) a public transport facility,
including a conveyance used
to transport people or goods;
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Part 2--Amendments to the Crimes Act 1958
s. 6
(e) a public place, including any
premises, land or water open
to the public;
"unauthorised computer function"
5 has the same meaning as in
Subdivision (6).
(2) In this Subdivision "damage", in
relation to a public facility, means--
(a) cause damage to the facility or any
10 part of the facility; or
(b) cause disruption to the use or
operation of the facility.
(3) For the purposes of an offence against
this Subdivision, a person causes any
15 damage or disruption if the person's
conduct substantially contributes to the
damage or disruption.
247K. Sabotage
A person who--
20 (a) damages a public facility by
committing a property offence or by
causing an unauthorised computer
function; and
(b) intends to cause--
25 (i) major disruption to government
functions; or
(ii) major disruption to the use of
services by the public; or
(iii) major economic loss--
30 is guilty of an offence and liable to level 2
imprisonment (25 years maximum).
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Part 2--Amendments to the Crimes Act 1958
s. 6
247L. Threats to sabotage
(1) A person who--
(a) makes to another person a threat to
damage a public facility by committing
5 a property offence or by causing an
unauthorised computer function; and
(b) intends that person to fear that the
threat will be carried out and will
cause--
10 (i) major disruption to government
functions; or
(ii) major disruption to the use of
services by the public; or
(iii) major economic loss--
15 is guilty of an offence and liable to level 4
imprisonment (15 years maximum).
(2) In the prosecution of an offence against this
section it is not necessary to prove that the
person threatened actually feared that the
20 threat would be carried out.
(3) For the purposes of this section--
(a) a threat may be made by any conduct
and may be explicit or implicit,
conditional or unconditional; and
25 (b) a threat to a person includes a threat to
a group of persons; and
(c) fear that a threat will be carried out
includes apprehension that it will be
carried out.'.
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Act No.
Part 2--Amendments to the Crimes Act 1958
s. 7
7. New sections 428 and 429 inserted
After section 427 of the Principal Act insert--
"428. Alternative verdict for charges of
unauthorised modification of data to cause
5 impairment
If on the trial of a person charged with an
offence against section 247C the jury are not
satisfied that he or she is guilty of the
offence charged but are satisfied that he or
10 she is guilty of--
(a) an offence under section 197(1); or
(b) an offence under section 247D--
the jury may acquit the accused of the
offence charged and find him or her guilty of
15 whichever of those offences they are
satisfied that he or she is guilty and he or she
is liable to punishment accordingly.
429. Alternative verdict for charges of
unauthorised impairment of electronic
20 communication
If on the trial of a person charged with an
offence against section 247D the jury are not
satisfied that he or she is guilty of the
offence charged but are satisfied that he or
25 she is guilty of--
(a) an offence under section 197(1); or
(b) an offence under section 247C--
the jury may acquit the accused of the
offence charged and find him or her guilty of
30 whichever of those offences they are
satisfied that he or she is guilty and he or she
is liable to punishment accordingly.".
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Act No.
Part 2--Amendments to the Crimes Act 1958
s. 8
8. Consequential amendments
In item 17 of Schedule 8 to the Principal Act--
(a) in paragraph (b) for "death)." substitute
"death);";
5 (b) after paragraph (b) insert--
"(c) section 201A (intentionally or recklessly
causing a bushfire);
(d) section 247K (sabotage);
(e) section 247L (threats to sabotage).".
10 9. Transitional provision
After section 596 of the Principal Act insert--
"597. Transitional provision--Crimes (Property
Damage and Computer Offences) Act 2003
(1) The amendments of this Act made by the
15 Crimes (Property Damage and Computer
Offences) Act 2003 apply only to offences
alleged to have been committed on or after
the commencement of that Act.
(2) For the purposes of sub-section (1), if an
20 offence is alleged to have been committed
between two dates, one before and one after
the commencement of the Crimes (Property
Damage and Computer Offences) Act
2003, the offence is alleged to have been
25 committed before that commencement.".
__________________
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Crimes (Property Damage and Computer Offences) Act 2003
Act No.
Part 3--Amendments to the Bail Act 1977 and other Consequential
s. 10
Amendments
PART 3--AMENDMENTS TO THE BAIL ACT 1977 AND
OTHER CONSEQUENTIAL AMENDMENTS
10. Amendment to the Bail Act 1977
After section 4(4)(c) of the Bail Act 1977
5 insert--
"(caa) with an offence of arson causing death under
section 197A of the Crimes Act 1958; or".
11. Transitional provision--amendment to the Bail Act
1977
10 After section 34(4) of the Bail Act 1977 insert--
"(5) The amendment of section 4(4) made by
section 10 of the Crimes (Property Damage
and Computer Offences) Act 2003 applies
only with respect to a charge for an offence
15 filed on or after the commencement of that
Act.".
12. Consequential amendment to the Magistrates' Court
Act 1989
After item 37 of Schedule 4 to the Magistrates'
20 Court Act 1989 insert--
"37A. Computer Offences
(1) Offences under section 247B of the Crimes Act 1958,
if the maximum penalty does not exceed level 5
imprisonment.
25 (2) Offences under sections 247E and 247F of the
Crimes Act 1958.".
13. Consequential amendment to the Sentencing Act 1991
After clause 5(a)(ii) of Schedule 1 to the
Sentencing Act 1991 insert--
30 "(iii) section 201A (intentionally or recklessly causing a
bushfire);".
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Act No.
Part 3--Amendments to the Bail Act 1977 and other Consequential
s. 14
Amendments
14. Transitional provision--consequential amendment to
the Sentencing Act 1991
After section 126B of the Sentencing Act 1991
insert--
5 "127. Transitional provision--Crimes (Property
Damage and Computer Offences) Act 2003
(1) The amendment of this Act made by
section 13 of the Crimes (Property Damage
and Computer Offences) Act 2003 applies
10 only to offences alleged to have been
committed on or after the commencement of
that Act.
(2) For the purposes of sub-section (1), if an
offence is alleged to have been committed
15 between two dates, one before and one after
the commencement of the Crimes (Property
Damage and Computer Offences) Act
2003, the offence is alleged to have been
committed before that commencement.".
20 15. Repeal of section 9A of the Summary Offences Act
1966
Section 9A of the Summary Offences Act 1966
is repealed.
19
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Crimes (Property Damage and Computer Offences) Act 2003
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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