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Unauthorised Impairment of Data Held in Computer Disk, Credit Card or Other Device

Other (inc. Computer Offences) – VIC

Welcome to the VIC Unauthorised impairment of data held in computer disk, credit card or other device article page. Everything you need to know about Unauthorised impairment of data held in computer disk, credit card or other device according to VIC law.

What the Law States according to VIC Law for Unauthorised impairment of data held in computer disk, credit card or other device

According to VIC Law for the charge of Unauthorised impairment of data held in computer disk, credit card or other device,

Crimes Act 1958 – SECT 247H
Unauthorised impairment of data held in computer disk, credit card or other device

247H. Unauthorised impairment of data held in computer disk, credit card or other device

(1) A person who-

(a) causes any unauthorised impairment of the reliability, security or operation of data held on a computer disk, credit card or other device used to store data by electronic means; and

(b) knows that the impairment is unauthorised; and

(c) intends to cause the impairment-

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) For the purposes of this section, impairment of reliability, security or operation of data is unauthorised if the person is not entitled to cause the impairment.

The Maximum Penalty – Unauthorised impairment of data held in computer disk, credit card or other device

According to VIC Law for the charge of Unauthorised impairment of data held in computer disk, credit card or other device, 2 years.

What the Police must prove according to VIC Law for Unauthorised impairment of data held in computer disk, credit card or other device

1. That the accused person causes an impairment of the reliability, security or operation of data.
2. The impairment was unauthorised.
3. The accused knew that it was unauthorised.
4. The accused intended to cause the impairment.
5. The data was held in computer disk, credit card or other device used to store data by electronic means.

Possible Defences under VIC Law – Unauthorised impairment of data held in computer disk, credit card or other device

1. Factual Dispute
2. Authority
3. Duress

In VIC which court will hear the matter – Unauthorised impairment of data held in computer disk, credit card or other device

An offence against this section is a summary offence and the matter will be dealt with in the Magistrates’ Court.

 

Date: 09/01/2009

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