[H-GEN] Criminal Code s 408D

[David Starkoff]

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While I was in the Law Library earlier today, I managed to find a copy of
the Criminal Law Amendment Bill 1996 which (IIRC) was passed pretty much
by the Queensland Parliament a litle while ago.

- From the explanatory notes to the Bill:

``Clause 67 [the amending provision] inserts a new section s 408D
(Computer hacking and misuse).  The new section will contain 3 offences.
Firstly, a person who uses a restricted computer without the consent of
the computer's controller commits a simple offence and is liable to
imprisonment for 2 years.  Secondly, if the person causes or intends to
detriment or damage, or gains or intends to gain a benefit for any person,
the person commits a crime and is liable to imprisonment for 5 years.
Finally, if the person causes detriment or damage or obtains a benefit for
any person to the value of more than $5000, or intends to commit an
indictable offence, the person commits a crime and is liable to
imprisonment for 10 years.  It is a defence to any of the charges to prove
that the use of the restricted computer was authorised, justified or
excused by law.''

And, the /Real Thing/...

<LEGISLATION>
Computer hacking and misuse
408D. (1) A person who uses a restricted computer without the consent of
the computer's controller commits an offence.

Maximum penalty -- 2 years imprisonment.

(2) If the person causes or intends to cause detriment or damage, or gains
or intends to gain a benefit, the person commits a crime and is liable to
imprisonment for 5 years.

(3) If the person causes a detriment or damage or obtains a benefit for
any person to the value of more than $5 000, or intends to commit an
indictable offence, the person commits a crime and is liable to
imprisonment for 10 years.

(4) It is a defence to a charge under this section to prove that the use
of the restricted computer was authorised, justified or excused by law.

(5) In this section--

"benefit" includes a benefit obtained by or delivered to any person.

"computer" means all or part of a computer, computer system or computer
network and includes, for example, all external devices connected to the
computer in any way or capable of communicating with each other as part of
a system or network.

"controller" means a person who has a right to control the computer's use.

"damage" includes--
	(a) damage to any computer hardware or software; and
	(b) for information -- any alteration, addition, removal or loss
of, or other damage to, information.

"information" includes data, file, document, or computer language or
coding.

"detriment" includes any detriment, pecuniary or otherwise, to any person.

"restricted computer" means a computer for which--
	(a) a device, code or a particular sequence of electronic impulses
is necessary in order to gain access to or use the computer; and
	(b) the controller--
		(i) withholds or takes steps to withhold access to the
device, or knowledge of the code or of the sequence or of the way of
producing the code or the sequence, from other persons; or
		(ii) restricts access or takes steps to restrict access to
the device or knowledge of the code or of the sequence, or to the way of
producing the sequence, to a person or a class of person authorised by the
controller.

"use", of a restricted computer, includes accessing or altering any
information stored in, or communicate information directly or indirectly
to or from, the restricted computer, or cause a virus to become installed
on or to otherwise affect, the computer.

</LEGISLATION>

I think any comments or questions on this should be addressed to
chat at humnug.org.au.  I've only done first year law, but that included both
Criminal Law and Statutory Interpretation, so I'd be more than happy to
try and answer any questions about it.  YMMV, however.  :-)

David.
- --
    )      David Starkoff  #  dbs at humbug.org.au
   (       -={ Linux! }=-  #  http://student.uq.edu.au/~s343905/
    )      Finger s343905 at student.uq.edu.au for PGP public key.
   (       Live for excess, not just to survive.


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