Queensland Consolidated Acts
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CRIMINAL CODE 1899 - SECT 408E
Computer hacking and misuse
408E Computer hacking and misuse
(1) A person who uses a restricted computer without the consent of the
computer’s controller commits an offence.
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
"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.
(a) damage to any computer hardware or software; and
for information—any alteration, addition, removal or loss of, or other
damage to, information.
"detriment" includes any detriment, pecuniary or otherwise, to any person.
"information" includes data, file, document, or computer language or coding.
"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 to 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
(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.
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