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Unauthorised Access To or Modification of Restricted Data

Other (inc. Computer Offences) – VIC

Welcome to the VIC Unauthorised access to or modification of restricted data article page. Everything you need to know about Unauthorised access to or modification of restricted data according to VIC law.

What the Law States according to VIC Law for Unauthorised access to or modification of restricted data

According to VIC Law for the charge of Unauthorised access to or modification of restricted data,

Crimes Act 1958 – SECT 247G
Unauthorised access to or modification of restricted data

247G. Unauthorised access to or modification of restricted data

(1) A person who-

(a) causes any unauthorised access to or modification of restricted data held in a computer; and

(b) knows that the access or modification is unauthorised; and

(c) intends to cause the access or modification-

is guilty of an offence and liable to level 7 imprisonment (2 years maximum).

(2) An offence against this section is a summary offence.

(3) In this section restricted data means data held in a computer to which access is restricted by an access control system associated with a function of the computer.

The Maximum Penalty – Unauthorised access to or modification of restricted data

According to VIC Law for the charge of Unauthorised access to or modification of restricted data, 2 years.

What the Police must prove according to VIC Law for Unauthorised access to or modification of restricted data

1. That the accused accessed or modified data
2. That the accused was not authorised to access or modify the data
3. The data was held in a computer to which access is restricted by an access control system
4. The accused knew that the access or modification was unauthorized
5. The accused intended to cause the access or modification

Possible Defences under VIC Law – Unauthorised access to or modification of restricted data

1. Factual Dispute
(i) That the accused held authorisation
(ii) That the data was not restricted

In VIC which court will hear the matter – Unauthorised access to or modification of restricted data

An offence against this section is a summary offence and will be determined in the Magistrate’s Court.

 

Date: 09/01/2009

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