Impeding investigation by interfering with data
74BX Impeding investigation by interfering with data
A person commits an offence if the person, without lawful authority or reasonable excuse, alters, conceals or destroys data—
held on a computer or data storage device in respect of which an order has been, or is to be, made under this Part; and
that may be, or could reasonably be expected to be, evidence of an offence, and in so doing, the person intends that, or is recklessly indifferent as to whether—
the investigation of the commission of an offence by another person is impeded or prejudiced; or
another person is assisted to avoid apprehension or prosecution for an offence; or
the likelihood that another person is apprehended or prosecuted for an offence is reduced.
Maximum penalty: Imprisonment for 5 years.
A person who is served with an order under this Part commits an offence if the person, without lawful authority or reasonable excuse—
alters, conceals or destroys data; or
causes another person to alter, conceal or destroy data, held on a computer or data storage device in respect of which the order was made and in so doing, or in causing the other person to so do, the person intends that, or is recklessly indifferent as to whether, the investigation of the commission of an offence is impeded or prejudiced.
Maximum penalty: Imprisonment for 10 years.
A person who voluntarily provides, or purports to provide, information or assistance of a kind referred to in section 74BR(1) commits an offence if the information or assistance causes data held on a computer or data storage device to be, without lawful authority or reasonable excuse, altered, concealed or destroyed, and in so doing the person intends that, or is recklessly indifferent as to whether, the investigation of the commission of an offence is impeded or prejudiced.
Maximum penalty: Imprisonment for 10 years.
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