Commonwealth Consolidated Acts : CYBERCRIME ACT 2001 - SCHEDULE 1

Australian Security Intelligence Organisation Act 1979
1 Subsection 25A(4) (note)
Omit "section 76D or 76E of the Crimes Act 1914 ", substitute "Part 10-7 of the Criminal Code ".
Crimes Act 1914
2 Part VIA
Repeal the Part.
Criminal Code Act 1995
3 The Schedule (paragraphs 4.1(1)(b) and (c) of the Criminal Code )
Repeal the paragraphs, substitute:
(b)
a result of conduct; or
(c)
a circumstance in which conduct, or a result of conduct, occurs.
4 The Schedule (before the Dictionary in the Criminal Code )
Insert:
Part 10.7—Computer offences
Division 476—Preliminary
476.1 Definitions

(1)
In this Part:
"access to data held in a computer" means:
(a)
the display of the data by the computer or any other output of the data from the computer; or
(b)
the copying or moving of the data to any other place in the computer or to a data storage device; or
(c)
in the case of a program—the execution of the program.
"Commonwealth computer "means a computer owned, leased or operated by a Commonwealth entity.
"data" includes:
(a)
information in any form; or
(b)
any program (or part of a program).
"data held in a computer" includes:
(a)
data held in any removable data storage device for the time being held in a computer; or
(b)
data held in a data storage device on a computer network of which the computer forms a part.
"data storage device" means a thing (for example, a disk or file server) containing, or designed to contain, data for use by a computer.
"electronic communication" means a communication of information in any form by means of guided or unguided electromagnetic energy.
"impairment of electronic communication to or from a computer" includes:
(a)
the prevention of any such communication; or
(b)
the impairment of any such communication on an electronic link or network used by the computer;
but does not include a mere interception of any such communication.
"modification", in respect of data held in a computer, means:
(a)
the alteration or removal of the data; or
(b)
an addition to the data.
"telecommunications service "means a service for carrying communications by means of guided or unguided electromagnetic energy or both.
"unauthorised" access, modification or impairment has the meaning given in section 476.2.
(2)
In this Part, a reference to:
(a)
access to data held in a computer; or
(b)
modification of data held in a computer; or
(c)
the impairment of electronic communication to or from a computer;
is limited to such access, modification or impairment caused, whether directly or indirectly, by the execution of a function of a computer.
476.2 Meaning of unauthorised access, modification or impairment
(1)
In this Part:
(a)
access to data held in a computer; or
(b)
modification of data held in a computer; or
(c)
the impairment of electronic communication to or from a computer; or
(d)
the impairment of the reliability, security or operation of any data held on a computer disk, credit card or other device used to store data by electronic means;
by a person is unauthorised if the person is not entitled to cause that access, modification or impairment.
(2)
Any such access, modification or impairment caused by the person is not unauthorised merely because he or she has an ulterior purpose for causing it.
(3)
For the purposes of an offence under this Part, a person causes any such unauthorised access, modification or impairment if the person's conduct substantially contributes to it.
(4)
For the purposes of subsection (1), if:
(a)
a person causes any access, modification or impairment of a kind mentioned in that subsection; and
(b)
the person does so under a warrant issued under the law of the Commonwealth, a State or a Territory;
the person is entitled to cause that access, modification or impairment.
476.3 Geographical jurisdiction
Section 15.1 (extended geographical jurisdiction—Category A) applies to offences under this Part.
476.4 Saving of other laws
(1)
This Part is not intended to exclude or limit the operation of any other law of the Commonwealth, a State or a Territory.
(2)
Subsection (1) has effect subject to section 476.5.
476.5 Liability for certain acts
(1)
A staff member or agent of ASIS or DSD (the agency ) is not subject to any civil or criminal liability for any computer-related act done outside Australia if the act is done in the proper performance of a function of the agency.
(2)
A person is not subject to any civil or criminal liability for any act done inside Australia if:
(a)
the act is preparatory to, in support of, or otherwise directly connected with, overseas activities of the agency concerned; and
(b)
the act:
(i)
taken together with a computer-related act, event, circumstance or result that took place, or was intended to take place, outside Australia, could amount to an offence; but
(ii)
in the absence of that computer-related act, event, circumstance or result, would not amount to an offence; and
(c)
the act is done in the proper performance of a function of the agency.
(2A)
Subsection (2) is not intended to permit any act in relation to premises, persons, computers, things, or telecommunications services in Australia, being:
(a)
an act that ASIO could not do without a Minister authorising it by warrant issued under Division 2 of Part III of the Australian Security Intelligence Organisation Act 1979 or under Part III of the Telecommunications (Interception) Act 1979 ; or
(b)
an act to obtain information that ASIO could not obtain other than in accordance with section 283 of the Telecommunications Act 1997 .
(2B)
The Inspector-General of Intelligence and Security may give a certificate in writing certifying any fact relevant to the question of whether an act was done in the proper performance of a function of an agency.
(2C)
In any proceedings, a certificate given under subsection (2B) is prima facie evidence of the facts certified.
(3)
In this section:
"ASIS" means the Australian Secret Intelligence Service.
"civil or criminal liability" means any civil or criminal liability (whether under this Part, under another law or otherwise).
computer-related act, event, circumstance or result means an act, event, circumstance or result involving:
(a)
the reliability, security or operation of a computer; or
(b)
access to, or modification of, data held in a computer or on a data storage device; or
(c)
electronic communication to or from a computer; or
(d)
the reliability, security or operation of any data held in or on a computer, computer disk, credit card, or other data storage device; or
(e)
possession or control of data held in a computer or on a data storage device; or
(f)
producing, supplying or obtaining data held in a computer or on a data storage device.
"DSD" means that part of the Department of Defence known as the Defence Signals Directorate.