New South Wales Consolidated Acts
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CRIMES ACT 1900 - SECT 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
(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
"unauthorised computer function" is:
(a) any unauthorised access to data held
in any computer, or
(b) any unauthorised modification of data held in any
(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:
if committing the serious indictable offence concerned is impossible, or
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.
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