Victorian Current Acts

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Unauthorised access to or interference with data

    (1)     A person must not intentionally and without lawful authority—

        (a)     obtain access, or attempt to obtain access, to any data stored in a computer that is under the control of a contractor or sub-contractor and that relates to the contractor's operations under an agreement under section 124B(1) or was gained in the course of those operations; or

        (b)     alter or delete, or attempt to alter or delete, any such data or enter, or attempt to enter, data into the database in which any such data is contained; or

        (c)     interfere, or attempt to interfere, in any other way with a database containing any such data.

Penalty:     100 penalty units.

    (2)     The Secretary to the Department of Justice may, by writing, authorise a person engaged or employed by a contractor or sub-contractor or any other person to do, in relation to all data referred to in subsection (1) or any such data of a specified class, anything that, but for that authorisation, the person would be prohibited from doing by subsection (1).

    (3)     For the purposes of subsection (1) a person must be taken as having lawful authority to do a thing referred to in that subsection if—

        (a)     in the case of a person engaged or employed by a contractor or sub-contractor or any other person, he or she is authorised to do that thing under subsection (2); and

        (b)     in the case of a person who is—

S. 124I(3)(b)(i) amended by No. 12/2006 s. 173(4).

              (i)     the principal registrar of the Magistrates' Court or a registrar or deputy registrar at the Infringements Court; or

              (ii)     the sheriff, a deputy sheriff or any person who is a bailiff for the purposes of the Supreme Court Act 1986 ; or

S. 124I(3)
(b)(iii) substituted by No. 37/2014 s. 10(Sch. item 101.12).

              (iii)     a police officer

he or she does that thing in the exercise of official powers or the discharge of official functions or duties.

S. 124J inserted by No. 44/1997 s. 28.

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