Unauthorised modification of data to cause impairment
477.2 Unauthorised modification of data to cause impairment
A person commits an offence if:
the person causes any unauthorised modification of data held in a computer; and
the person knows the modification is unauthorised; and
the person is reckless as to whether the modification impairs or will impair:
access to that or any other data held in any computer; or
the reliability, security or operation, of any such data.
Penalty: 10 years imprisonment.
A person is not criminally responsible for an offence against subsection (1) if:
the person is, at the time of the offence, an ASIO officer acting in good faith in the course of the person’s duties; and
the conduct of the person is reasonable in the circumstances for the purpose of performing that duty.
A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
A person may be guilty of an offence against this section even if there is or will be no actual impairment to:
access to data held in a computer; or
the reliability, security or operation, of any such data.
A conviction for an offence against this section is an alternative verdict to a charge for an offence against section 477.3 (unauthorised impairment of electronic communication).
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