Unauthorised Impairment Of Electronic Communication (Commonwealth)
Examples of Unauthorised Impairment of Electronic Communication (Commonwealth)
- Sending a computer virus to a private organisation’s computer;
- Sending a computer virus to a government organisation’s computer;
What is the legal definition of Unauthorised Impairment of Electronic Communication (Commonwealth)?Section 476.2 of the Act defines ‘unauthorised access’ as:
- access to data held in a computer; or
- modification of data held in a computer; or
- the impairment of electronic communication to or from a computer; or
- 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;
LegislationThe legislation for this offence can be found on section 477.3 of Criminal Code Act 1995.
Elements of the offenceThe onus is on the Prosecution to prove the following elements, beyond reasonable doubt:
- the accused caused any unauthorised impairment of electronic communication to or from a computer; and
- the accused knows that the impairment is unauthorised.
“Can the Prosecution prove that you did not have authorisation?”
- Factual dispute;
- The fact that you were authorised;
- Lack of intent; or
Questions in cases like this
- Did you interfere with the computer?
- Did you know that you sent a virus?
- Did you intend to interfere with the computer system?
- Did you have authorisation?
- Did another person force you to send the communication?
The court may impose a maximum penalty of 10 years imprisonment for Unauthorised Impairment Of Electronic Communication (Commonwealth) (s477.3 of the Commonwealth Criminal Code 1995).