A person who is generally authorised to access a restricted computer system (such as a police officer accessing the COPS database) commits an offence under s 308H of the Crimes Act 1900 (NSW) if they access data for a purely personal purpose unrelated to their duties. Section 308B(2) does not provide a blanket defence for authorised users; it only protects those who have a legitimate purpose but also have an additional ulterior purpose. Each discrete data access constitutes a separate offence and may be charged separately without oppression.
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