Unauthorised access to or interference with data
173H Unauthorised access to or interference with data
A person must not intentionally and without lawful authority—
obtain access, or attempt to obtain access, to any data stored in a computer that is under the control of a contractor or sub-contractor and that relates to the contractor's operations under an administrative services agreement or was gained in the course of those operations; or
alter or delete, or attempt to alter or delete, any such data or enter, or attempt to enter, data into the database in which any such data is contained; or
interfere, or attempt to interfere, in any other way with a database containing any such data.
Penalty: 100 penalty units.
The Secretary, in writing, may authorise a person engaged or employed by a contactor or sub-contractor or any other person to do, in relation to all data referred to in subsection (1) or any such data of a specified class, anything that, but for that authorisation, the person would be prohibited from doing by subsection (1).
For the purposes of subsection (1), a person is taken as having lawful authority to do a thing referred to in that subsection if the person does that thing in the exercise of official powers or the discharge of official functions or duties—
in the case of a person engaged or employed by a contractor or sub‑contractor or any other person, the person is authorised to do that thing under subsection (2); and
in the case of a person who is—
the Director; or
the sheriff, a deputy sheriff or any person who is a bailiff for the purposes of the Supreme Court Act 1986; or
a police officer.
S. 173I inserted by No. 59/2017 s. 62.
This Act’s bill:Explanatory memorandumSecond reading speech
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