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 ".
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:
4 The Schedule (before the Dictionary in the Criminal Code)
Insert:
Part 10.7Computer offences
Division 476Preliminary
476.1 Definitions
"data" includes:
"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:
but does not include a mere interception of any such communication.
"unauthorised" access, modification or impairment has the meaning given in section 476.2.
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
by a person is unauthorised if the person is not entitled to cause that access, modification or impairment.
the person is entitled to cause that access, modification or impairment.
476.3 Geographical jurisdiction
476.4 Saving of other laws
476.5 Liability for certain acts
"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:
"staff member" means:
Division 477Serious computer offences
477.1 Unauthorised access,
modification or impairment with intent to commit a serious offence
Intention to commit a serious Commonwealth, State or Territory offence
Intention to commit a serious Commonwealth offence
Penalty
Impossibility
No offence of attempt
Meaning of serious offence
477.2 Unauthorised modification of data to cause impairment
Penalty: 10 years imprisonment.
477.3 Unauthorised impairment of electronic communication
Penalty: 10 years imprisonment.
Division 478Other computer offences
478.1 Unauthorised access to,
or modification of, restricted data
Penalty: 2 years imprisonment.
478.2 Unauthorised impairment of data held on a computer disk etc.
Penalty: 2 years imprisonment.
478.3 Possession or control of data with intent to commit a computer offence
Penalty: 3 years imprisonment.
No offence of attempt
Meaning of possession or control of data
478.4 Producing, supplying or obtaining data with intent to commit a computer offence
Penalty: 3 years imprisonment.
No offence of attempt
Meaning of producing, supplying or obtaining data
Education Services for Overseas Students Act 2000
5 Subsection 109(5) (note 2)
Repeal the note, substitute:
Telecommunications (Interception) Act 1997
6 Subsection 5D(5)
Omit "Part VIA of the Crimes Act 1914 ", substitute "Part 10-7 of the Criminal Code ".
Note: The heading to subsection 5D(5) is altered by omitting " Part VIA of the Crimes Act 1914 " and substituting " Part 10-7 of the Criminal Code ".
1 Subsection 3C(1)
Insert:
2 Subsection 3C(1)
Insert:
3 Subsection 3C(1)
Insert:
4 Subsection 3K(1)
Omit "things found at the premises in order to determine whether they are things", substitute "a thing found at the premises in order to determine whether it is a thing".
5 Subsection 3K(2)
Repeal the subsection, substitute:
6 Subsection 3K(3)
Omit "things are", substitute "a thing is".
7 After subsection 3K(3)
Insert:
8 Subsection 3L(1)
Repeal the subsection, substitute:
and take the device from the premises.
the Commissioner must arrange for:
9 Paragraph 3L(2)(b)
Omit "or".
10 Paragraph 3L(2)(c)
Repeal the paragraph.
11 Paragraph 3L(3)(a)
Repeal the paragraph, substitute:
12 After section 3L
Insert:
3LA Person with knowledge of a computer or a computer system to assist access etc.
Penalty: 6 months imprisonment.
3LB Accessing data held on other premisesnotification to occupier of that premises
the executing officer must:
13 Paragraph 3N(2)(a)
Omit "paragraph 3L(2)(b) or (c)", substitute "subsection 3L(1A) or paragraph 3L(2)(b)".
14 Subsection 4(1)
Insert:
15 Paragraph 67EU(1)(b)
Omit "or programs associated with its use are damaged or corrupted".
16 Subsection 67EU(1)
Omit "compensation for the damage or corruption is payable by Customs to the owner of the equipment or the user of the data or programs concerned", substitute "compensation for the damage is payable by Customs to the owner of the equipment or the user of the data concerned".
17 Subsection 67EU(3)
Omit "or program".
18 Subsection 183UA(1)
Insert:
19 Subsection 183UA(1)
Insert:
20 Subsection 200(1)
Omit "things found on or in the premises in order to determine whether they are things", substitute "a thing found on or in the premises in order to determine whether it is a thing".
21 Subsection 200(2)
Repeal the subsection, substitute:
22 Subsection 200(3)
Omit "things are", substitute "a thing is".
23 After subsection 200(3)
Insert:
24 Subsection 201(1)
Repeal the subsection, substitute:
and take the device from the premises.
the CEO must arrange for:
25 Paragraph 201(2)(b)
Omit "so produced; or", substitute "so produced.".
26 Paragraph 201(2)(c)
Repeal the paragraph.
27 Subsection 201(3)
Omit "put the material in documentary form as mentioned in paragraph (2)(b) or to copy the material as mentioned in paragraph (2)(c)", substitute "copy the material as mentioned in subsection (1A) or to put the material in documentary form as mentioned in paragraph (2)(b)".
28 After section 201
Insert:
201A Person with knowledge of a computer or a computer system to assist access etc.
Penalty: 6 months imprisonment.
201B Accessing data held on other premisesnotification to occupier of that premises
the executing officer must:
29 Subsection 202(1)
Repeal the subsection, substitute:
and the damage was caused as a result of:
compensation for the damage is payable to the owner of the equipment or the user of the data concerned.
30 Paragraph 202A(2)(a)
Omit "paragraph 201(2)(b) or (c)", substitute "subsection 201(1A) or paragraph 201(2)(b)".
31
Application of amendments
(129/01)
The amendments made by this Schedule apply to warrants issued after the commencement of this Schedule.