Computer Crime

Question 1

Access

Answer 1

In relation to any computer system, means instruct, communicate with, store data in, receive data from, or otherwise make use of any of the resources of the computer system.

Question 2

Authorisation

Answer 2

Includes an authorisation conferred on a person by or under an enactment or a rule of law, or by an order of a court judicial process.

Question 3

Computer System

Answer 3

Section 248 Crimes Act 1961 - Interpretations:

(a) means -

(i) a computer; or
(ii) 2 or more interconnected computers; or
(iii) any communication links between computers or to remote terminals or another device; or
(iv) 2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other device; and

(b) includes any part of the items described in paragraph (a) and all related input, output, processing, storage, software, or communication facilities, and sorted data.

Question 4

Accessing Computer System for Dishonest Purpose

Answer 4

Section 249 Crimes Act 1961

(1) Everyone is liable to imprisonment for a term not exceeding 7 years who, directly or indirectly, access any computer system and thereby, dishonestly or by deception, and without claim of right, -

(a) obtains any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or
(b) causes loss to any other person.

(2) Everyone is liable to imprisonment for a term not exceeding 5 years who, directly or indirectly, access any computer system with intent, dishonestly or by deception, and without claim of right, -

(a) to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or
(b) to cause loss to any other person.

Question 5

Accessing Computer System for Dishonest Purpose Continued

Answer 5

Benefit not limited to financial or pecuniary advantage

Loss:
Person does not need to know they suffered loss.

Question 6

Damaging or interfering with a Computer System

Answer 6

Section 250 Crimes Act 1961

(1) Every one is liable to imprisonment for a term not exceeding 10 years who intentionally or recklessly destroys, damages, or alters any computer system if he or she knows or ought to know that danger to life is likely to result.
(2) Every one is liable to imprisonment for a term not exceeding 7 years who intentionally or recklessly, and without authorisation, knowing that he or she is not authorised, or be reckless as to whether he or she is authorised, -

(a) damages, deletes, modifies, or otherwise interferes with or impairs any data or software in any computer system; or
(b) causes any data or software in any computer system to be damaged, deleted, modified, or otherwise interfered with or impaired; or
(c) causes any computer to -
(i) fail; or
(ii) deny service to any authorised users.

Question 7

Accessing Computer System without Authorisation

Answer 7

Section 252 Crimes Act 1961

(1) Everyone is liable to imprisonment for a term not exceeding 2 years who intentionally accesses, directly or indirectly, any computer system without authorisation, know that he or she is not authorised to access that computer system, or being reckless whether or not he or she is authorised to access that computer system.
(2) To avoid doubt, sub (1) does not apply if a person who is authorised to access a computer system accesses that computer system for a purpose other than the one for which that person was given access.