Archived from groups: microsoft.public.windowsxp.help_and_support (
More info?)
Sorry, it would be 2 years for you. They were the old law
You are breaking 308i
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308I Unauthorised impairment of data held in computer disk, credit 21
card or other device (summary offence) 22
(1) A person: 23
(a) who causes any unauthorised impairment of the 24
reliability, security or operation of any data held on a 25
computer disk, credit card or other device used to store 26
data by electronic means, and 27
(b) who knows that the impairment is unauthorised, and 28
(c) who intends to cause that impairment, 29
is guilty of an offence. 30
Maximum penalty: Imprisonment for 2 years. 31
(2) An offence against this section is a summary offence. 32
Crimes Amendment (Computer Offences) Bill 2001
Amendment of Crimes Act 1900 Schedule 1
(3) For the purposes of this section, impairment of the reliability, 1
security or operation of data is unauthorised if the person is 2
not entitled to cause that impairment.
310Damaging data in computer10 years and/or1,000 penalty units309 (1)Unlawful access to data in computer6 months and/or 50penalty units309 (2)Unlawful access to data in computer—intent todefraud/dishonestly obtain benefit or causeloss/injury2 years and/or 500penalty units309 (3)Unlawful access to data in computer—knowledgedata is confidential2 years and/or 500penalty units309 (4)Continue to examine data in computer—oughtreasonably to know data confidential2 years and/or 500penalty units
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Crimes Amendment (Computer Offences) Bill 2001Explanatory noteExplanatory note page 3Those computer offences are to be replaced by the following computer offences:SectionOffenceMax penalty308CCause unauthorised computer function withintention to commit serious offence (comprisingunauthorised access to data, unauthorisedmodification of data or unauthorised impairment ofelectronic communication)The maximumpenalty applicablefor commission ofserious indictableoffence308DUnauthorised modification of data with intent tocause impairment10 years308EUnauthorised impairment of electroniccommunication to or from computer10 years308FPossession of data with intent to commit computeroffence3 years308GProducing, supplying or obtaining data with intentto commit computer offence3 years308HUnauthorised access to or modification ofrestricted data in computer (summary offence)2 years308IUnauthorised impairment of data held in computerdisk, credit card or other device (summary offence)2 yearsUnder sections 15 and 16 of the Crimes (Sentencing Procedure) Act 1999, thecourt mayimpose a fine for anysuch offence instead of or in addition to a sentenceof imprisonment, namely 1,000 penalty units (currently $110,000) or, in the caseof a corporation, 2,000 penalty units (currently $220,000).An explanation of the new offences and the policy considerations concerned iscontained in thereport on Chapter4 (Damageand computeroffences)oftheModelCriminal Code Officers Committee. Schedule 2 contains an amendment to the Criminal Procedure Act 1986 that isconsequential on the amendments contained in Schedule 1. The amendmentprovides that all of the new computer offences that are indictable and carry amaximum penalty of 10 years imprisonment or less are to be disposed ofsummarily (with a maximum penalty of 2 years imprisonment) unless theprosecuting authority or the accused otherwise elects.
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b01-024-p02.801First printNew South Wales Crimes Amendment (ComputerOffences) Bill 2001ContentsPage1 Name of Act22 Commencement23 Amendment of Crimes Act 1900 No 4024 Amendment of Criminal Procedure Act 1986 No 2092Schedules1 Amendment of Crimes Act 1900 32 Amendment of Criminal Procedure Act 198610
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New South Wales Crimes Amendment (ComputerOffences) Bill 2001No , 2001A Bill forAn Act to amend the Crimes Act 1900 and the Criminal Procedure Act 1986 withrespect to computer offences.
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Clause 1Crimes Amendment (Computer Offences) Bill 2001Page 2The Legislature of New South Wales enacts:11 Name of Act2This Act is the Crimes Amendment (Computer Offences) Act 2001.32 Commencement4This Act commences on a day to be appointed by proclamation.53 Amendment of Crimes Act 1900 No 406The Crimes Act 1900 is amended as set out in Schedule 1.74 Amendment of Criminal Procedure Act 1986 No 2098The Criminal ProcedureAct 1986is amended asset out in Schedule2.9
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Crimes Amendment (Computer Offences) Bill 2001Amendment of Crimes Act 1900 Schedule 1Page 3Schedule 1 Amendment of Crimes Act 1900 1(Section 3)2[1] Part 63Omit the Part. Insert instead:4Part 6 Computer offences5308 General definitions6In this Part:7computer offence means:8(a)an offence against this Part, or9(b)conduct in another jurisdiction that is an offence in that10jurisdiction and that would constitute an offence against11this Part if the conduct occurred in this jurisdiction.12data includes:13(a)information in any form, or14(b)any program (or part of a program).15data held in a computer includes:16(a)data entered or copied into the computer, or17(b)data held in any removable data storage device for the18time being in the computer, or19(c)data held in a data storage device on a computer20network of which the computer forms part.21data storage device means anything(for example a disk or file22server) containing or designed to contain data for use by a23computer.24electronic communication means a communication of25information in any form by means of guided or unguided26electromagnetic energy.27
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Crimes Amendment (Computer Offences) Bill 2001Schedule 1Amendment of Crimes Act 1900 Page 4308A Meaning of access to data, modification of data and impairment1of electronic communication2(1) In this Part, access to data held in a computer means:3(a)the display of the data by the computer or any other4output of the data from the computer, or5(b)the copying or moving of the data to any other place in6the computer or to a data storage device, or7(c)inthe case ofa program—the execution ofthe program.8(2) In this Part, modification of data held in a computer means:9(a)the alteration or removal of the data, or10(b)an addition to the data.11(3) In this Part, impairment of electronic communication to or12from a computer includes:13(a)the prevention of any such communication, or14(b)the impairment of any such communication on an15electronic link or network used by the computer,16but does not include a mere interception of any such17communication.18(4) A reference in this Part to any such access, modification or19impairment is limited to access, modification or impairment20caused (whether directly or indirectly) by the execution of a21function of a computer.22308B Meaning of unauthorised access, modification or impairment23(1) For the purposes of this Part, access to or modification of data,24or impairment of electronic communication, by a person is25unauthorised if the person is not entitled to cause that access,26modification or impairment.27(2) Any such access, modification or impairment is not28unauthorisedmerelybecause the personhas anulteriorpurpose29for that action.30(3) For the purposes of an offence under this Part, a person causes31any such unauthorised access, modification or impairment if32the person’s conduct substantially contributes to the33unauthorised access, modification or impairment.34
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Crimes Amendment (Computer Offences) Bill 2001Amendment of Crimes Act 1900 Schedule 1Page 5308C Unauthorised access, modification or impairment with intent to1commit serious indictable offence2(1) A person who causes any unauthorised computer function:3(a)knowing it is unauthorised, and4(b)with the intention of committing a serious indictable5offence, or facilitating the commission of a serious6indictable offence (whether bythe person or byanother7person),8is guilty of an offence.9Maximum penalty: The maximum penalty applicable if the10person had committed, or facilitated the commission of, the11serious indictable offence in this jurisdiction.12(2) For the purposes of this section, an unauthorised computer13function is:14(a)any unauthorised access to data held in any computer,15or16(b)any unauthorised modification of data held in any17computer, or18(c)any unauthorised impairment of electronic19communication to or from any computer.20(3) For the purposes of this section, a serious indictable offence21includes an offence in any other jurisdiction that would be a22serious indictable offence if committed in this jurisdiction.23(4) A person may be found guilty of an offence against this24section:25(a)even if committing the serious indictable offence26concerned is impossible, or27(b)whether the serious indictable offence is to be28committed at the time of the unauthorised conduct or at29a later time.30(5) It is not an offence to attempt to commit an offence against this31section.32
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Crimes Amendment (Computer Offences) Bill 2001Schedule 1Amendment of Crimes Act 1900 Page 6308D Unauthorised modification of data with intent to cause1impairment2(1) A person who:3(a)causes any unauthorised modification of data held in a4computer, and5(b)knows that the modification is unauthorised, and6(c)intends by the modification to impair access to, or to7impair the reliability, security or operation of, any data8held in a computer, or who is reckless as to any such9impairment,10is guilty of an offence.11Maximum penalty: Imprisonment for 10 years.12(2) Aconviction foranoffenceagainst this section is analternative13verdict to a charge for:14(a)an offence against section 195 (Maliciously destroying15or damaging property), or16(b)an offence against section 308E (Unauthorised17impairment of electronic communication).18308E Unauthorised impairment of electronic communication19(1) A person who:20(a)causes any unauthorised impairment of electronic21communication to or from a computer, and 22(b)knows that the impairment is unauthorised, and23(c)intends to impair electronic communication to or from24the computer, or who is reckless as to any such25impairment,26is guilty of an offence.27Maximum penalty: Imprisonment for 10 years.28(2) Aconviction foranoffenceagainst this section is analternative29verdict to a charge for:30(a)an offence against section 195 (Maliciously destroying31or damaging property), or32(b)an offence against section 308D (Unauthorised33modification of data with intent to cause impairment).34
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Crimes Amendment (Computer Offences) Bill 2001Amendment of Crimes Act 1900 Schedule 1Page 7308F Possession of data with intent to commit computer offence1(1) A person who is in possession or control of data:2(a)with the intention of committinga computer offence, or3(b)with the intention of facilitating the commission of a4computer offence (whether by the person or by another5person),6is guilty of an offence.7Maximum penalty: Imprisonment for 3 years.8(2) For the purposes of this section, possession or control of data9includes:10(a)possession of a computer ordatastoragedeviceholding11or containing the data or of a document in which the12data is recorded, and13(b)control of data held in a computer that is in the14possession of another person (whether the computer is15in this jurisdiction or outside this jurisdiction).16(3) A person maybe found guiltyof an offence against this section17even if committing the computer offence concerned is18impossible.19(4) It is not an offence to attempt to commit an offence against this20section.21308G Producing, supplying or obtaining data with intent to commit22computer offence23(1) A person who produces, supplies or obtains data:24(a)with the intention of committinga computer offence, or25(b)with the intention of facilitating the commission of a26computer offence (whether by the person or by another27person),28is guilty of an offence.29Maximum penalty: Imprisonment for 3 years.30(2) For the purposes of this section, produce, supply or obtain31data includes:32(a)produce, supply or obtain data held or contained in a33computer or data storage device, or34
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Crimes Amendment (Computer Offences) Bill 2001Schedule 1Amendment of Crimes Act 1900 Page 8(b)produce, supplyor obtain a document in which the data1is recorded.2(3) A person maybe found guiltyof an offence against this section3even if committing the computer offence concerned is4impossible.5308H Unauthorised access to or modification of restricted data held6in computer (summary offence)7(1) A person:8(a)who causes any unauthorised access to or modification9of restricted data held in a computer, and10(b)who knows that the access or modification is11unauthorised, and12(c)who intends to cause that access or modification,13is guilty of an offence.14Maximum penalty: Imprisonment for 2 years.15(2) An offence against this section is a summary offence.16(3) In this section:17restricted data means data held in a computer to which access18is restricted by an access control system associated with a19function of the computer.20308I Unauthorised impairment of data held in computer disk, credit21card or other device (summary offence)22(1) A person:23(a)who causes any unauthorised impairment of the24reliability, security or operation of any data held on a25computer disk, credit card or other device used to store26data by electronic means, and27(b)who knows that the impairment is unauthorised, and28(c)who intends to cause that impairment,29is guilty of an offence.30Maximum penalty: Imprisonment for 2 years.31(2) An offence against this section is a summary offence.32
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Crimes Amendment (Computer Offences) Bill 2001Amendment of Crimes Act 1900 Schedule 1Page 9(3) For the purposes of this section, impairment of the reliability,1security or operation of data is unauthorised if the person is2not entitled to cause that impairment.3[2] Section 428B Offences of specific intent to which Part applies4Omit from the Table to the section the matter relating to section 309 (2).5
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Crimes Amendment (Computer Offences) Bill 2001Schedule 2Amendment of Criminal Procedure Act 1986Page 10Schedule 2 Amendment of Criminal Procedure1Act 19862(Section 4)3Schedule 1 Indictable offences triable summarily4Omit “section 309 (2),(3)or(4)or310”fromitem14 ofTable1 (Indictable5offences to be dealt with summarily unless prosecuting authority or person6charged elects otherwise).7Insert instead “section 308C (where the serious indictable offence to be8committed is punishable byimprisonment for10 years orless),308D,308E,9308F or 308G”.10310Damaging data in computer10 years and/or1,000 penalty units309 (1)Unlawful access to data in computer6 months and/or 50penalty units309 (2)Unlawful access to data in computer—intent todefraud/dishonestly obtain benefit or causeloss/injury2 years and/or 500penalty units309 (3)Unlawful access to data in computer—knowledgedata is confidential2 years and/or 500penalty units309 (4)Continue to examine data in computer—oughtreasonably to know data confidential2 years and/or 500penalty units
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Crimes Amendment (Computer Offences) Bill 2001Explanatory noteExplanatory note page 3Those computer offences are to be replaced by the following computer offences:SectionOffenceMax penalty308CCause unauthorised computer function withintention to commit serious offence (comprisingunauthorised access to data, unauthorisedmodification of data or unauthorised impairment ofelectronic communication)The maximumpenalty applicablefor commission ofserious indictableoffence308DUnauthorised modification of data with intent tocause impairment10 years308EUnauthorised impairment of electroniccommunication to or from computer10 years308FPossession of data with intent to commit computeroffence3 years308GProducing, supplying or obtaining data with intentto commit computer offence3 years308HUnauthorised access to or modification ofrestricted data in computer (summary offence)2 years308IUnauthorised impairment of data held in computerdisk, credit card or other device (summary offence)2 yearsUnder sections 15 and 16 of the Crimes (Sentencing Procedure) Act 1999, thecourt mayimpose a fine for anysuch offence instead of or in addition to a sentenceof imprisonment, namely 1,000 penalty units (currently $110,000) or, in the caseof a corporation, 2,000 penalty units (currently $220,000).An explanation of the new offences and the policy considerations concerned iscontained in thereport on Chapter4 (Damageand computeroffences)oftheModelCriminal Code Officers Committee. Schedule 2 contains an amendment to the Criminal Procedure Act 1986 that isconsequential on the amendments contained in Schedule 1. The amendmentprovides that all of the new computer offences that are indictable and carry amaximum penalty of 10 years imprisonment or less are to be disposed ofsummarily (with a maximum penalty of 2 years imprisonment) unless theprosecuting authority or the accused otherwise elects.
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b01-024-p02.801First printNew South Wales Crimes Amendment (ComputerOffences) Bill 2001ContentsPage1 Name of Act22 Commencement23 Amendment of Crimes Act 1900 No 4024 Amendment of Criminal Procedure Act 1986 No 2092Schedules1 Amendment of Crimes Act 1900 32 Amendment of Criminal Procedure Act 198610
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New South Wales Crimes Amendment (ComputerOffences) Bill 2001No , 2001A Bill forAn Act to amend the Crimes Act 1900 and the Criminal Procedure Act 1986 withrespect to computer offences.
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Clause 1Crimes Amendment (Computer Offences) Bill 2001Page 2The Legislature of New South Wales enacts:11 Name of Act2This Act is the Crimes Amendment (Computer Offences) Act 2001.32 Commencement4This Act commences on a day to be appointed by proclamation.53 Amendment of Crimes Act 1900 No 406The Crimes Act 1900 is amended as set out in Schedule 1.74 Amendment of Criminal Procedure Act 1986 No 2098The Criminal ProcedureAct 1986is amended asset out in Schedule2.9
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Crimes Amendment (Computer Offences) Bill 2001Amendment of Crimes Act 1900 Schedule 1Page 3Schedule 1 Amendment of Crimes Act 1900 1(Section 3)2[1] Part 63Omit the Part. Insert instead:4Part 6 Computer offences5308 General definitions6In this Part:7computer offence means:8(a)an offence against this Part, or9(b)conduct in another jurisdiction that is an offence in that10jurisdiction and that would constitute an offence against11this Part if the conduct occurred in this jurisdiction.12data includes:13(a)information in any form, or14(b)any program (or part of a program).15data held in a computer includes:16(a)data entered or copied into the computer, or17(b)data held in any removable data storage device for the18time being in the computer, or19(c)data held in a data storage device on a computer20network of which the computer forms part.21data storage device means anything(for example a disk or file22server) containing or designed to contain data for use by a23computer.24electronic communication means a communication of25information in any form by means of guided or unguided26electromagnetic energy.27
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Crimes Amendment (Computer Offences) Bill 2001Schedule 1Amendment of Crimes Act 1900 Page 4308A Meaning of access to data, modification of data and impairment1of electronic communication2(1) In this Part, access to data held in a computer means:3(a)the display of the data by the computer or any other4output of the data from the computer, or5(b)the copying or moving of the data to any other place in6the computer or to a data storage device, or7(c)inthe case ofa program—the execution ofthe program.8(2) In this Part, modification of data held in a computer means:9(a)the alteration or removal of the data, or10(b)an addition to the data.11(3) In this Part, impairment of electronic communication to or12from a computer includes:13(a)the prevention of any such communication, or14(b)the impairment of any such communication on an15electronic link or network used by the computer,16but does not include a mere interception of any such17communication.18(4) A reference in this Part to any such access, modification or19impairment is limited to access, modification or impairment20caused (whether directly or indirectly) by the execution of a21function of a computer.22308B Meaning of unauthorised access, modification or impairment23(1) For the purposes of this Part, access to or modification of data,24or impairment of electronic communication, by a person is25unauthorised if the person is not entitled to cause that access,26modification or impairment.27(2) Any such access, modification or impairment is not28unauthorisedmerelybecause the personhas anulteriorpurpose29for that action.30(3) For the purposes of an offence under this Part, a person causes31any such unauthorised access, modification or impairment if32the person’s conduct substantially contributes to the33unauthorised access, modification or impairment.34
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Crimes Amendment (Computer Offences) Bill 2001Amendment of Crimes Act 1900 Schedule 1Page 5308C Unauthorised access, modification or impairment with intent to1commit serious indictable offence2(1) A person who causes any unauthorised computer function:3(a)knowing it is unauthorised, and4(b)with the intention of committing a serious indictable5offence, or facilitating the commission of a serious6indictable offence (whether bythe person or byanother7person),8is guilty of an offence.9Maximum penalty: The maximum penalty applicable if the10person had committed, or facilitated the commission of, the11serious indictable offence in this jurisdiction.12(2) For the purposes of this section, an unauthorised computer13function is:14(a)any unauthorised access to data held in any computer,15or16(b)any unauthorised modification of data held in any17computer, or18(c)any unauthorised impairment of electronic19communication to or from any computer.20(3) For the purposes of this section, a serious indictable offence21includes an offence in any other jurisdiction that would be a22serious indictable offence if committed in this jurisdiction.23(4) A person may be found guilty of an offence against this24section:25(a)even if committing the serious indictable offence26concerned is impossible, or27(b)whether the serious indictable offence is to be28committed at the time of the unauthorised conduct or at29a later time.30(5) It is not an offence to attempt to commit an offence against this31section.32
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Crimes Amendment (Computer Offences) Bill 2001Schedule 1Amendment of Crimes Act 1900 Page 6308D Unauthorised modification of data with intent to cause1impairment2(1) A person who:3(a)causes any unauthorised modification of data held in a4computer, and5(b)knows that the modification is unauthorised, and6(c)intends by the modification to impair access to, or to7impair the reliability, security or operation of, any data8held in a computer, or who is reckless as to any such9impairment,10is guilty of an offence.11Maximum penalty: Imprisonment for 10 years.12(2) Aconviction foranoffenceagainst this section is analternative13verdict to a charge for:14(a)an offence against section 195 (Maliciously destroying15or damaging property), or16(b)an offence against section 308E (Unauthorised17impairment of electronic communication).18308E Unauthorised impairment of electronic communication19(1) A person who:20(a)causes any unauthorised impairment of electronic21communication to or from a computer, and 22(b)knows that the impairment is unauthorised, and23(c)intends to impair electronic communication to or from24the computer, or who is reckless as to any such25impairment,26is guilty of an offence.27Maximum penalty: Imprisonment for 10 years.28(2) Aconviction foranoffenceagainst this section is analternative29verdict to a charge for:30(a)an offence against section 195 (Maliciously destroying31or damaging property), or32(b)an offence against section 308D (Unauthorised33modification of data with intent to cause impairment).34
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Crimes Amendment (Computer Offences) Bill 2001Amendment of Crimes Act 1900 Schedule 1Page 7308F Possession of data with intent to commit computer offence1(1) A person who is in possession or control of data:2(a)with the intention of committinga computer offence, or3(b)with the intention of facilitating the commission of a4computer offence (whether by the person or by another5person),6is guilty of an offence.7Maximum penalty: Imprisonment for 3 years.8(2) For the purposes of this section, possession or control of data9includes:10(a)possession of a computer ordatastoragedeviceholding11or containing the data or of a document in which the12data is recorded, and13(b)control of data held in a computer that is in the14possession of another person (whether the computer is15in this jurisdiction or outside this jurisdiction).16(3) A person maybe found guiltyof an offence against this section17even if committing the computer offence concerned is18impossible.19(4) It is not an offence to attempt to commit an offence against this20section.21308G Producing, supplying or obtaining data with intent to commit22computer offence23(1) A person who produces, supplies or obtains data:24(a)with the intention of committinga computer offence, or25(b)with the intention of facilitating the commission of a26computer offence (whether by the person or by another27person),28is guilty of an offence.29Maximum penalty: Imprisonment for 3 years.30(2) For the purposes of this section, produce, supply or obtain31data includes:32(a)produce, supply or obtain data held or contained in a33computer or data storage device, or34
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Crimes Amendment (Computer Offences) Bill 2001Schedule 1Amendment of Crimes Act 1900 Page 8(b)produce, supplyor obtain a document in which the data1is recorded.2(3) A person maybe found guiltyof an offence against this section3even if committing the computer offence concerned is4impossible.5308H Unauthorised access to or modification of restricted data held6in computer (summary offence)7(1) A person:8(a)who causes any unauthorised access to or modification9of restricted data held in a computer, and10(b)who knows that the access or modification is11unauthorised, and12(c)who intends to cause that access or modification,13is guilty of an offence.14Maximum penalty: Imprisonment for 2 years.15(2) An offence against this section is a summary offence.16(3) In this section:17restricted data means data held in a computer to which access18is restricted by an access control system associated with a19function of the computer.20308I Unauthorised impairment of data held in computer disk, credit21card or other device (summary offence)22(1) A person:23(a)who causes any unauthorised impairment of the24reliability, security or operation of any data held on a25computer disk, credit card or other device used to store26data by electronic means, and27(b)who knows that the impairment is unauthorised, and28(c)who intends to cause that impairment,29is guilty of an offence.30Maximum penalty: Imprisonment for 2 years.31(2) An offence against this section is a summary offence.32
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Crimes Amendment (Computer Offences) Bill 2001Amendment of Crimes Act 1900 Schedule 1Page 9(3) For the purposes of this section, impairment of the reliability,1security or operation of data is unauthorised if the person is2not entitled to cause that impairment.3[2] Section 428B Offences of specific intent to which Part applies4Omit from the Table to the section the matter relating to section 309 (2).5
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Crimes Amendment (Computer Offences) Bill 2001Schedule 2Amendment of Criminal Procedure Act 1986Page 10Schedule 2 Amendment of Criminal Procedure1Act 19862(Section 4)3Schedule 1 Indictable offences triable summarily4Omit “section 309 (2),(3)or(4)or310”fromitem14 ofTable1 (Indictable5offences to be dealt with summarily unless prosecuting authority or person6charged elects otherwise).7Insert instead “section 308C (where the serious indictable offence to be8committed is punishable byimprisonment for10 years orless),308D,308E,9308F or 308G”.10310Damaging data in computer10 years and/or1,000 penalty units309 (1)Unlawful access to data in computer6 months and/or 50penalty units309 (2)Unlawful access to data in computer—intent todefraud/dishonestly obtain benefit or causeloss/injury2 years and/or 500penalty units309 (3)Unlawful access to data in computer—knowledgedata is confidential2 years and/or 500penalty units309 (4)Continue to examine data in computer—oughtreasonably to know data confidential2 years and/or 500penalty units
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Crimes Amendment (Computer Offences) Bill 2001Explanatory noteExplanatory note page 3Those computer offences are to be replaced by the following computer offences:SectionOffenceMax penalty308CCause unauthorised computer function withintention to commit serious offence (comprisingunauthorised access to data, unauthorisedmodification of data or unauthorised impairment ofelectronic communication)The maximumpenalty applicablefor commission ofserious indictableoffence308DUnauthorised modification of data with intent tocause impairment10 years308EUnauthorised impairment of electroniccommunication to or from computer10 years308FPossession of data with intent to commit computeroffence3 years308GProducing, supplying or obtaining data with intentto commit computer offence3 years308HUnauthorised access to or modification ofrestricted data in computer (summary offence)2 years308IUnauthorised impairment of data held in computerdisk, credit card or other device (summary offence)2 yearsUnder sections 15 and 16 of the Crimes (Sentencing Procedure) Act 1999, thecourt mayimpose a fine for anysuch offence instead of or in addition to a sentenceof imprisonment, namely 1,000 penalty units (currently $110,000) or, in the caseof a corporation, 2,000 penalty units (currently $220,000).An explanation of the new offences and the policy considerations concerned iscontained in thereport on Chapter4 (Damageand computeroffences)oftheModelCriminal Code Officers Committee. Schedule 2 contains an amendment to the Criminal Procedure Act 1986 that isconsequential on the amendments contained in Schedule 1. The amendmentprovides that all of the new computer offences that are indictable and carry amaximum penalty of 10 years imprisonment or less are to be disposed ofsummarily (with a maximum penalty of 2 years imprisonment) unless theprosecuting authority or the accused otherwise elects.
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b01-024-p02.801First printNew South Wales Crimes Amendment (ComputerOffences) Bill 2001ContentsPage1 Name of Act22 Commencement23 Amendment of Crimes Act 1900 No 4024 Amendment of Criminal Procedure Act 1986 No 2092Schedules1 Amendment of Crimes Act 1900 32 Amendment of Criminal Procedure Act 198610
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New South Wales Crimes Amendment (ComputerOffences) Bill 2001No , 2001A Bill forAn Act to amend the Crimes Act 1900 and the Criminal Procedure Act 1986 withrespect to computer offences.
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Clause 1Crimes Amendment (Computer Offences) Bill 2001Page 2The Legislature of New South Wales enacts:11 Name of Act2This Act is the Crimes Amendment (Computer Offences) Act 2001.32 Commencement4This Act commences on a day to be appointed by proclamation.53 Amendment of Crimes Act 1900 No 406The Crimes Act 1900 is amended as set out in Schedule 1.74 Amendment of Criminal Procedure Act 1986 No 2098The Criminal ProcedureAct 1986is amended asset out in Schedule2.9
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Crimes Amendment (Computer Offences) Bill 2001Amendment of Crimes Act 1900 Schedule 1Page 3Schedule 1 Amendment of Crimes Act 1900 1(Section 3)2[1] Part 63Omit the Part. Insert instead:4Part 6 Computer offences5308 General definitions6In this Part:7computer offence means:8(a)an offence against this Part, or9(b)conduct in another jurisdiction that is an offence in that10jurisdiction and that would constitute an offence against11this Part if the conduct occurred in this jurisdiction.12data includes:13(a)information in any form, or14(b)any program (or part of a program).15data held in a computer includes:16(a)data entered or copied into the computer, or17(b)data held in any removable data storage device for the18time being in the computer, or19(c)data held in a data storage device on a computer20network of which the computer forms part.21data storage device means anything(for example a disk or file22server) containing or designed to contain data for use by a23computer.24electronic communication means a communication of25information in any form by means of guided or unguided26electromagnetic energy.27
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Crimes Amendment (Computer Offences) Bill 2001Schedule 1Amendment of Crimes Act 1900 Page 4308A Meaning of access to data, modification of data and impairment1of electronic communication2(1) In this Part, access to data held in a computer means:3(a)the display of the data by the computer or any other4output of the data from the computer, or5(b)the copying or moving of the data to any other place in6the computer or to a data storage device, or7(c)inthe case ofa program—the execution ofthe program.8(2) In this Part, modification of data held in a computer means:9(a)the alteration or removal of the data, or10(b)an addition to the data.11(3) In this Part, impairment of electronic communication to or12from a computer includes:13(a)the prevention of any such communication, or14(b)the impairment of any such communication on an15electronic link or network used by the computer,16but does not include a mere interception of any such17communication.18(4) A reference in this Part to any such access, modification or19impairment is limited to access, modification or impairment20caused (whether directly or indirectly) by the execution of a21function of a computer.22308B Meaning of unauthorised access, modification or impairment23(1) For the purposes of this Part, access to or modification of data,24or impairment of electronic communication, by a person is25unauthorised if the person is not entitled to cause that access,26modification or impairment.27(2) Any such access, modification or impairment is not28unauthorisedmerelybecause the personhas anulteriorpurpose29for that action.30(3) For the purposes of an offence under this Part, a person causes31any such unauthorised access, modification or impairment if32the person’s conduct substantially contributes to the33unauthorised access, modification or impairment.34
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Crimes Amendment (Computer Offences) Bill 2001Amendment of Crimes Act 1900 Schedule 1Page 5308C Unauthorised access, modification or impairment with intent to1commit serious indictable offence2(1) A person who causes any unauthorised computer function:3(a)knowing it is unauthorised, and4(b)with the intention of committing a serious indictable5offence, or facilitating the commission of a serious6indictable offence (whether bythe person or byanother7person),8is guilty of an offence.9Maximum penalty: The maximum penalty applicable if the10person had committed, or facilitated the commission of, the11serious indictable offence in this jurisdiction.12(2) For the purposes of this section, an unauthorised computer13function is:14(a)any unauthorised access to data held in any computer,15or16(b)any unauthorised modification of data held in any17computer, or18(c)any unauthorised impairment of electronic19communication to or from any computer.20(3) For the purposes of this section, a serious indictable offence21includes an offence in any other jurisdiction that would be a22serious indictable offence if committed in this jurisdiction.23(4) A person may be found guilty of an offence against this24section:25(a)even if committing the serious indictable offence26concerned is impossible, or27(b)whether the serious indictable offence is to be28committed at the time of the unauthorised conduct or at29a later time.30(5) It is not an offence to attempt to commit an offence against this31section.32
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Crimes Amendment (Computer Offences) Bill 2001Schedule 1Amendment of Crimes Act 1900 Page 6308D Unauthorised modification of data with intent to cause1impairment2(1) A person who:3(a)causes any unauthorised modification of data held in a4computer, and5(b)knows that the modification is unauthorised, and6(c)intends by the modification to impair access to, or to7impair the reliability, security or operation of, any data8held in a computer, or who is reckless as to any such9impairment,10is guilty of an offence.11Maximum penalty: Imprisonment for 10 years.12(2) Aconviction foranoffenceagainst this section is analternative13verdict to a charge for:14(a)an offence against section 195 (Maliciously destroying15or damaging property), or16(b)an offence against section 308E (Unauthorised17impairment of electronic communication).18308E Unauthorised impairment of electronic communication19(1) A person who:20(a)causes any unauthorised impairment of electronic21communication to or from a computer, and 22(b)knows that the impairment is unauthorised, and23(c)intends to impair electronic communication to or from24the computer, or who is reckless as to any such25impairment,26is guilty of an offence.27Maximum penalty: Imprisonment for 10 years.28(2) Aconviction foranoffenceagainst this section is analternative29verdict to a charge for:30(a)an offence against section 195 (Maliciously destroying31or damaging property), or32(b)an offence against section 308D (Unauthorised33modification of data with intent to cause impairment).34
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Crimes Amendment (Computer Offences) Bill 2001Amendment of Crimes Act 1900 Schedule 1Page 7308F Possession of data with intent to commit computer offence1(1) A person who is in possession or control of data:2(a)with the intention of committinga computer offence, or3(b)with the intention of facilitating the commission of a4computer offence (whether by the person or by another5person),6is guilty of an offence.7Maximum penalty: Imprisonment for 3 years.8(2) For the purposes of this section, possession or control of data9includes:10(a)possession of a computer ordatastoragedeviceholding11or containing the data or of a document in which the12data is recorded, and13(b)control of data held in a computer that is in the14possession of another person (whether the computer is15in this jurisdiction or outside this jurisdiction).16(3) A person maybe found guiltyof an offence against this section17even if committing the computer offence concerned is18impossible.19(4) It is not an offence to attempt to commit an offence against this20section.21308G Producing, supplying or obtaining data with intent to commit22computer offence23(1) A person who produces, supplies or obtains data:24(a)with the intention of committinga computer offence, or25(b)with the intention of facilitating the commission of a26computer offence (whether by the person or by another27person),28is guilty of an offence.29Maximum penalty: Imprisonment for 3 years.30(2) For the purposes of this section, produce, supply or obtain31data includes:32(a)produce, supply or obtain data held or contained in a33computer or data storage device, or34
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Crimes Amendment (Computer Offences) Bill 2001Schedule 1Amendment of Crimes Act 1900 Page 8(b)produce, supplyor obtain a document in which the data1is recorded.2(3) A person maybe found guiltyof an offence against this section3even if committing the computer offence concerned is4impossible.5308H Unauthorised access to or modification of restricted data held6in computer (summary offence)7(1) A person:8(a)who causes any unauthorised access to or modification9of restricted data held in a computer, and10(b)who knows that the access or modification is11unauthorised, and12(c)who intends to cause that access or modification,13is guilty of an offence.14Maximum penalty: Imprisonment for 2 years.15(2) An offence against this section is a summary offence.16(3) In this section:17restricted data means data held in a computer to which access18is restricted by an access control system associated with a19function of the computer.20308I Unauthorised impairment of data held in computer disk, credit21card or other device (summary offence)22(1) A person:23(a)who causes any unauthorised impairment of the24reliability, security or operation of any data held on a25computer disk, credit card or other device used to store26data by electronic means, and27(b)who knows that the impairment is unauthorised, and28(c)who intends to cause that impairment,29is guilty of an offence.30Maximum penalty: Imprisonment for 2 years.31(2) An offence against this section is a summary offence.32
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Crimes Amendment (Computer Offences) Bill 2001Amendment of Crimes Act 1900 Schedule 1Page 9(3) For the purposes of this section, impairment of the reliability,1security or operation of data is unauthorised if the person is2not entitled to cause that impairment.3[2] Section 428B Offences of specific intent to which Part applies4Omit from the Table to the section the matter relating to section 309 (2).5
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Crimes Amendment (Computer Offences) Bill 2001Schedule 2Amendment of Criminal Procedure Act 1986Page 10Schedule 2 Amendment of Criminal Procedure1Act 19862(Section 4)3Schedule 1 Indictable offences triable summarily4Omit “section 309 (2),(3)or(4)or310”fromitem14 ofTable1 (Indictable5offences to be dealt with summarily unless prosecuting authority or person6charged elects otherwise).7Insert instead “section 308C (where the serious indictable offence to be8committed is punishable byimprisonment for10 years orless),308D,308E,9308F or 308G”.10
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http://webdiary.smh.com.au/archives/_comment/001075.html
=================================================
"Robin Tucker" <unmailable@duetospam.com> wrote in message news:df1r43$n56$1$8302bc10@news.demon.co.uk...
>
> "To take action without their approval could be a criminal offense."
>
>
> Please, this is completely incorrect. It may be against company policy (in
> some companies), but it is certainly not illegal. Are you a member of the
> administrators trades union or something?
>
>
>
>
> --------------------------------------------------------------------------------------------------
>
http://webdiary.smh.com.au/archives/_comment/001075.html
> =================================================
> "Robin Tucker" <unmailable@duetospam.com> wrote in message
> news:df1n77$e6k$1$8300dec7@news.demon.co.uk...
>> Yes, it is company property. No, I am not asking that MY PERSONAL
>> INFORMATION be locked down. The administrators should not have the right
>> to
>> view any/all information, some of which is potentially confidential such
>> as,
>> for example, Personel Records. No I am not a n00b sitting in a cubicle
>> passing wind every 30 seconds. I am genuiunely asking this question, for
>> the purposes of security of personal information. How can we allow
>> administration of a network/domain, but protect information from prying
>> eyes, be they administrators or not.
>>
>> Thankyou.
>>
>>
>>
>> "Galen" <galennews@gmail.com> wrote in message >
>> news:Oo3Ia2VrFHA.464@TK2MSFTNGP15.phx.gbl...
>>> In news:df1b6b$sr1$1$8300dec7@news.demon.co.uk,
>>> Robin Tucker <unmailable@duetospam.com> had this to say:
>>>
>>> My reply is at the bottom of your sent message:
>>>
>>>> Hi,
>>>>
>>>> I would like to be able to log access to my folders from the network.
>>>> That is, I want to know when an administrator has accessed my drive. I
>>>> have private/confidential information on my PC and do not want
>>>> administrators to be able to access it, unless I give explicit
>>>> permission. How can I achieve this?
>>>>
>>>> Thanks,
>>>>
>>>>
>>>> Robin.
>>>
>>> As has been mentioned by David Candy, ask them. If you have, as it seems,
>>> administrators then the implication is that the PC doesn't belong to you.
>>> Private/confidential information should not really be kept on property
>>> not
>>> belonging to you and the company has a right (and perhaps and obligation)
>>> to monitor the contents of their property. Given that they're the admins
>>> and likely able to access your account at any time (and probably have
>>> rules regarding third party software installations) your best bet would
>>> be
>>> to accept that anything you put on the work computer belongs, by default,
>>> to the company or at least gives them rights to access it with or without
>>> your consent.
>>>
>>> Your personal computing should probably be done at home -- if you want to
>>> keep your job. More and more companies, for various reasons, are starting
>>> to not only monitor internet access but files on their PCs. With the
>>> increase in various regulations (Sarbox, HIPPA, etc) it's in your best
>>> interest to really keep your personal, private, and confidential data on
>>> a
>>> system that you are the only administrator of. Note that this is mostly a
>>> U.S. thing though the EU and surely other countries have similar
>>> policies.
>>>
>>> Galen
>>> --
>>>
>>> "You know that a conjurer gets no credit when once he has explained his
>>> trick; and if I show you too much of my method of working, you will
>>> come to the conclusion that I am a very ordinary individual after all."
>>>
>>> Sherlock Holmes
>>>
>>
>>
>
>