Commonwealth Consolidated Acts

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 179.35

  (1)   A person commits an offence if:

  (a)   the person causes any unauthorised access to, or modification of, * personal information that is:

  (i)   held in a computer; and

  (ii)   to which access is restricted by an access control system associated with a function of the computer; and

  (b)   the person intends to cause the access or modification; and

  (c)   the person knows that the access or modification is unauthorised; and

  (d)   one or more of the following apply:

  (i)   the personal information is held in a computer of a higher education provider;

  (ii)   the personal information is held on behalf of a provider;

  (iii)   the personal information is held in a computer of * Open Universities Australia;

  (iv)   the personal information is held on behalf of Open Universities Australia;

  (v)   the personal information is held on a computer of a * Tertiary Admission Centre;

  (vi)   the personal information is held on behalf of a Tertiary Admission Centre.

Penalty:   2 years imprisonment.

  (2)   Absolute liability applies to paragraph   (1)(d).