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AN ACT TO ADDRESS CYBERCRIME BY PRESCRIBING COMPUTER-RELATED AND CONTENT-RELATED OFFENCES, PROVIDING PROCEDURAL REQUIREMENTS INCLUDING THE COLLECTION OF ELECTRONIC EVIDENCE AND INTERNATIONAL COOPERATION, PROVIDING THE REMEDIES IN RELATION TO CYBERCRIME AND FOR RELATED MATTERS
[CYB 7] Unauthorised acts in relation to computer data or computer systems7
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- (a)performs any unauthorised act in relation to computer data or a computer system;
- (b)knows that the act is unauthorised when performing the act; and
- (c)intends to—
- (i)impair the operation of any computer system;
- (ii)prevent or hinder access to any computer data held in any computer system; or
- (iii)impair the operation or the reliability of any such computer data; or
- (d)is reckless as to whether the act will do any of the things mentioned in paragraph (c),
commits an offence.
(2) The intention referred to in subsection (1)(c) or the recklessness referred to in subsection (1)(d) need not relate to—
- (a)any particular computer system; or
- (b)any particular computer data of any particular kind.
(3) An act performed in relation to a computer system is unauthorised if the person performing the act (or causing it to be done)—
- (a)does not have responsibility for the computer system or computer data;
- (b)is entitled to determine whether the act may be performed; and
- (c)does not have prior written consent to the act from any such person.
(4) A person who commits an offence under subsection (1) is liable on conviction to—
- (a)in the case of an individual, a fine not exceeding $50,000 or imprisonment for a term not exceeding 10 years or both; and
- (b)in the case of a body corporate, a fine not exceeding $100,000.
(5) In this section—
- (a)“act” includes a series of acts;
- (b)a reference to performing an act includes a reference to causing an act to be done; and
- (c)a reference to impairing, preventing or hindering something includes doing so temporarily.