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Unauthorised impairment of data held in computer disk, credit ca...
Unauthorised impairment of data held in computer disk, credit card or other device
Written by
Josh Taaffe
Criminal Defence Lawyer
What the Law states - 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 device247H. 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.
Maximum Penalty in Victoria
2 years
What the Prosecution must prove - Unauthorised impairment of data held in computer disk, credit card or other device - Vic
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 - Unauthorised impairment of data held in computer disk, credit card or other device
1. Factual Dispute
2. Authority
3. Duress
Which court will hear the charge of 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.
