Criminal Code 2002

In this part:

access, to data held in a computer, means—

the display of the data by the computer or any other output of the data from the computer; or

the copying or moving of the data to another place in the computer or to a data storage device; or

for a program—the execution of the program.

causes—a person causes unauthorised access to or modification of data, or impairment of electronic communication or of the reliability, security or operation of data, if the person’s conduct substantially contributes to the unauthorised access, modification or impairment.

data includes—

information in any form; and

a program (or part of a program).

data held in a computer includes—

data entered or copied into the computer; and

data held in a removable storage device in the computer; and

data held in a data storage device on a computer network of which the computer forms part.

data storage device means anything containing or designed to contain data for use by a computer.

Examples of data storage devices

1 a disc

2 a file server electronic communication means a communication of information in any form by way of guided or unguided electromagnetic energy.

impairment, of electronic communication to or from a computer—

includes—

the prevention of the communication; and

the impairment of the communication on an electronic link or network used by the computer; but

does not include a mere interception of the communication.

modification, of data held in a computer, means—

the alteration or removal of the data, or

an addition to the data.

serious computer offence means—

an offence against section 415, section 416 or section 417; or

conduct in another jurisdiction that is an offence in that jurisdiction and would be an offence against section 415, section 416 or section 417 if the conduct happened in the ACT.