New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes Amendment (Computer
Offences) Bill 2001
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Crimes Act 1900 No 40 2
4 Amendment of Criminal Procedure Act 1986 No 209 2
Schedules
1 Amendment of Crimes Act 1900 3
2 Amendment of Criminal Procedure Act 1986 10
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2001
New South Wales
Crimes Amendment (Computer
Offences) Bill 2001
Act No , 2001
An Act to amend the Crimes Act 1900 and the Criminal Procedure Act 1986 with
respect to computer offences.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Crimes Amendment (Computer Offences) Bill 2001
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Crimes Amendment (Computer Offences) Act 2001.
2 Commencement
This Act commences on a day to be appointed by proclamation.
3 Amendment of Crimes Act 1900 No 40
The Crimes Act 1900 is amended as set out in Schedule 1.
4 Amendment of Criminal Procedure Act 1986 No 209
The Criminal Procedure Act 1986 is amended as set out in Schedule 2.
Page 2
Crimes Amendment (Computer Offences) Bill 2001
Amendment of Crimes Act 1900 Schedule 1
Schedule 1 Amendment of Crimes Act 1900
(Section 3)
[1] Part 6
Omit the Part. Insert instead:
Part 6 Computer offences
308 General definitions
In this Part:
data includes:
(a) information in any form, or
(b) any program (or part of a program).
data held in a computer includes:
(a) data entered or copied into the computer, or
(b) data held in any removable data storage device for the
time being in the computer, or
(c) data held in a data storage device on a computer
network of which 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.
electronic communication means a communication of
information in any form by means of guided or unguided
electromagnetic energy.
serious computer offence means:
(a) an offence against section 308C, 308D or 308E, or
(b) conduct in another jurisdiction that is an offence in that
jurisdiction and that would constitute an offence against
section 308C, 308D or 308E if the conduct occurred in
this jurisdiction.
Page 3
Crimes Amendment (Computer Offences) Bill 2001
Schedule 1 Amendment of Crimes Act 1900
308A Meaning of access to data, modification of data and impairment
of electronic communication
(1) In this Part, access to data held in a computer means:
(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 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.
(2) In this Part, modification of data held in a computer means:
(a) the alteration or removal of the data, or
(b) an addition to the data.
(3) In this Part, impairment of electronic communication to or
from a computer includes:
(a) the prevention of any such communication, or
(b) the impairment of any such communication on an
electronic link or network used by the computer,
but does not include a mere interception of any such
communication.
(4) A reference in this Part to any such access, modification or
impairment is limited to access, modification or impairment
caused (whether directly or indirectly) by the execution of a
function of a computer.
308B Meaning of unauthorised access, modification or impairment
(1) For the purposes of this Part, access to or modification of data,
or impairment of electronic communication, by a person is
unauthorised if the person is not entitled to cause that access,
modification or impairment.
(2) Any such access, modification or impairment is not
unauthorised merely because the person has an ulterior purpose
for that action.
(3) For the purposes of an offence under this Part, a person causes
any such unauthorised access, modification or impairment if
the person's conduct substantially contributes to the
unauthorised access, modification or impairment.
Page 4
Crimes Amendment (Computer Offences) Bill 2001
Amendment of Crimes Act 1900 Schedule 1
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.
Page 5
Crimes Amendment (Computer Offences) Bill 2001
Schedule 1 Amendment of Crimes Act 1900
308D Unauthorised modification of data with intent to cause
impairment
(1) A person who:
(a) causes any unauthorised modification of data held in a
computer, and
(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 in a computer, or who is reckless as to any such
impairment,
is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(2) A conviction for an offence against this section is an alternative
verdict to a charge for:
(a) an offence against section 195 (Maliciously destroying
or damaging property), or
(b) an offence against section 308E (Unauthorised
impairment of electronic communication).
308E Unauthorised impairment of electronic communication
(1) A person who:
(a) causes any unauthorised impairment of electronic
communication to or from a computer, and
(b) knows that the impairment is unauthorised, and
(c) intends to impair electronic communication to or from
the computer, or who is reckless as to any such
impairment,
is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(2) A conviction for an offence against this section is an alternative
verdict to a charge for:
(a) an offence against section 195 (Maliciously destroying
or damaging property), or
(b) an offence against section 308D (Unauthorised
modification of data with intent to cause impairment).
Page 6
Crimes Amendment (Computer Offences) Bill 2001
Amendment of Crimes Act 1900 Schedule 1
308F 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 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),
is guilty of an offence.
Maximum penalty: Imprisonment for 3 years.
(2) For the purposes of this section, possession or control of data
includes:
(a) possession of a computer or data storage device holding
or containing the data or of a document in which the
data is recorded, and
(b) control of data held in a computer that is in the
possession of another person (whether the computer is
in this jurisdiction or outside this jurisdiction).
(3) A person may be found guilty of an offence against this section
even if committing the serious computer offence concerned is
impossible.
(4) It is not an offence to attempt to commit an offence against this
section.
308G Producing, supplying or obtaining data with intent to commit
serious computer offence
(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 commission of a
serious computer offence (whether by the person or by
another person),
is guilty of an offence.
Maximum penalty: Imprisonment for 3 years.
Page 7
Crimes Amendment (Computer Offences) Bill 2001
Schedule 1 Amendment of Crimes Act 1900
(2) For the purposes of this section, produce, supply or obtain
data includes:
(a) produce, supply or obtain data held or contained in a
computer or data storage device, or
(b) produce, supply or obtain a document in which the data
is recorded.
(3) A person may be found guilty of an offence against this section
even if committing the serious computer offence concerned is
impossible.
308H Unauthorised access to or modification of restricted data held
in computer (summary offence)
(1) A person:
(a) who causes any unauthorised access to or modification
of restricted data held in a computer, and
(b) who knows that the access or modification is
unauthorised, and
(c) who intends to cause that access or modification,
is guilty of an offence.
Maximum penalty: Imprisonment for 2 years.
(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 restricted by an access control system associated with a
function of the computer.
308I Unauthorised impairment of data held in computer disk, credit
card or other device (summary offence)
(1) A person:
(a) who causes any unauthorised impairment of the
reliability, security or operation of any data held on a
computer disk, credit card or other device used to store
data by electronic means, and
(b) who knows that the impairment is unauthorised, and
Page 8
Crimes Amendment (Computer Offences) Bill 2001
Amendment of Crimes Act 1900 Schedule 1
(c) who intends to cause that impairment,
is guilty of an offence.
Maximum penalty: Imprisonment for 2 years.
(2) An offence against this section is a summary offence.
(3) For the purposes of this section, impairment of the reliability,
security or operation of data is unauthorised if the person is
not entitled to cause that impairment.
[2] Section 428B Offences of specific intent to which Part applies
Omit from the Table to the section the matter relating to section 309 (2).
Page 9
Crimes Amendment (Computer Offences) Bill 2001
Schedule 2 Amendment of Criminal Procedure Act 1986
Schedule 2 Amendment of Criminal Procedure
Act 1986
(Section 4)
Schedule 1 Indictable offences triable summarily
Omit "section 309 (2), (3) or (4) or 310" from item 14 of Table 1 (Indictable
offences to be dealt with summarily unless prosecuting authority or person
charged elects otherwise).
Insert instead "section 308C (where the serious indictable offence to be
committed is punishable by imprisonment for 10 years or less), 308D, 308E,
308F or 308G".
Page 10
[Index] [Search] [Download] [Related Items] [Help]