Commonwealth Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT 1989 No. 108 of 1989 - SECT 9

9. After Part VI of the Principal Act the following Part is inserted:
                   "PART VIA - OFFENCES RELATING TO COMPUTERS
Interpretation

"76A. (1) In this Part, unless the contrary intention appears:
'Commonwealth' includes a public authority under the Commonwealth;
'Commonwealth computer' means a computer, a computer system or a part of a
computer system, owned, leased or operated by the Commonwealth;
'data' includes information, a computer program or part of a computer program.

"(2) In this Part:

   (a)  a reference to data stored in a computer includes a reference to data
        entered or copied into the computer; and

   (b)  a reference to data stored on behalf of the Commonwealth in a computer
        includes a reference to:

        (i)    data stored in the computer at the direction or request of the
               Commonwealth; and

        (ii)   data supplied by the Commonwealth that is stored in the
               computer under, or in the course of performing, a contract with
               the Commonwealth. Unlawful access to data in Commonwealth and
               other computers

"76B. (1) A person who intentionally and without authority obtains access to:

   (a)  data stored in a Commonwealth computer; or

   (b)  data stored on behalf of the Commonwealth in a computer that is not a
        Commonwealth computer; is guilty of an offence.
Penalty: Imprisonment for 6 months.

"(2) A person who:

   (a)  with intent to defraud any person and without authority obtains access
        to data stored in a Commonwealth computer, or to data stored on behalf
        of the Commonwealth in a computer that is not a Commonwealth computer;
        or

   (b)  intentionally and without authority obtains access to data stored in a
        Commonwealth computer, or to data stored on behalf of the Commonwealth
        in a computer that is not a Commonwealth computer, being data that the
        person knows or ought reasonably to know relates to:

        (i)    the security, defence or international relations of Australia;

        (ii)   the existence or identity of a confidential source of
               information relating to the enforcement of a criminal law of
               the Commonwealth or of a State or Territory;

        (iii)  the enforcement of a law of the Commonwealth or of a State or
               Territory;

        (iv)   the protection of public safety;

        (v)    the personal affairs of any person;

        (vi)   trade secrets;

        (vii)  records of a financial institution; or

        (viii) commercial information the disclosure of which could cause
               advantage or disadvantage to any person; is guilty of an
               offence.
Penalty: Imprisonment for 2 years.

"(3) A person who:

   (a)  has intentionally and without authority obtained access to data stored
        in a Commonwealth computer, or to data stored on behalf of the
        Commonwealth in a computer that is not a Commonwealth computer;

   (b)  after examining part of that data, knows or ought reasonably to know
        that the part of the data which the person examined relates wholly or
        partly to any of the matters referred to in paragraph (2) (b); and

   (c)  continues to examine that data; is guilty of an offence. Penalty for a
        contravention of this subsection: Imprisonment for 2 years. Damaging
        data in Commonwealth and other computers

"76C. A person who intentionally and without authority or lawful excuse:

   (a)  destroys, erases or alters data stored in, or inserts data into, a
        Commonwealth computer;

   (b)  interferes with, or interrupts or obstructs the lawful use of, a
        Commonwealth computer;

   (c)  destroys, erases, alters or adds to data stored on behalf of the
        Commonwealth in a computer that is not a Commonwealth computer; or

   (d)  impedes or prevents access to, or impairs the usefulness or
        effectiveness of, data stored in a Commonwealth computer or data
        stored on behalf of the Commonwealth in a computer that is not a
        Commonwealth computer; is guilty of an offence.
Penalty: Imprisonment for 10 years. Unlawful access to data in Commonwealth
and other computers by means of Commonwealth facility

"76D. (1) A person who, by means of a facility operated or provided by the
Commonwealth, intentionally and without authority obtains access to data
stored in a computer, is guilty of an offence.
Penalty: Imprisonment for 6 months.

"(2) A person who:

   (a)  by means of a facility operated or provided by the Commonwealth, with
        intent to defraud any person and without authority obtains access to
        data stored in a computer; or

   (b)  by means of such a facility, intentionally and without authority
        obtains access to data stored in a computer, being data that the
        person knows or ought reasonably to know relates to:

        (i)    the security, defence or international relations of Australia;

        (ii)   the existence or identity of a confidential source of
               information relating to the enforcement of a criminal law of
               the Commonwealth or of a State or Territory;

        (iii)  the enforcement of a law of the Commonwealth or of a State or
               Territory;

        (iv)   the protection of public safety;

        (v)    the personal affairs of any person;

        (vi)   trade secrets;

        (vii)  records of a financial institution; or

        (viii) commercial information the disclosure of which could cause
               advantage or disadvantage to any person; is guilty of an
               offence.
Penalty: Imprisonment for 2 years.

"(3) A person who:

   (a)  by means of a facility operated or provided by the Commonwealth, has
        intentionally and without authority obtained access to data stored in
        a computer;

   (b)  after examining part of that data, knows or ought reasonably to know
        that the part of the data which the person examined relates wholly or
        partly to any of the matters referred to in paragraph (2) (b); and

   (c)  continues to examine that data; is guilty of an offence.
Penalty for a contravention of this subsection: Imprisonment for 2 years.
Damaging data in Commonwealth and other computers by means of Commonwealth
facility

"76E. A person who, by means of a facility operated or provided by the
Commonwealth, intentionally and without authority or lawful excuse:

   (a)  destroys, erases or alters data stored in, or inserts data into, a
        computer;

   (b)  interferes with, or interrupts or obstructs the lawful use of, a
        computer; or

   (c)  impedes or prevents access to, or impairs the usefulness or
        effectiveness of, data stored in a computer; is guilty of an offence.
Penalty: Imprisonment for 10 years. Saving of State and Territory laws

"76F. Sections 76D and 76E are not intended to exclude or limit the concurrent
operation of any law of a State or Territory.".