Unauthorised impairment of electronic communication
477.3 Unauthorised impairment of electronic communication
A person commits an offence if:
the person causes any unauthorised impairment of electronic communication to or from a computer; and
the person knows that the impairment is unauthorised.
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 conviction for an offence against this section is an alternative verdict to a charge for an offence against section 477.2 (unauthorised modification of data to cause impairment).
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