South Australian Current Acts South Australian Current Acts74BX—Impeding investigation by interfering with data
(1) A person commits
an offence if the person, without lawful authority or reasonable excuse,
alters, conceals or destroys data—
(a) held
on a computer or data storage device in respect of which an order has been, or
is to be, made under this Part; and
(b) that
may be, or could reasonably be expected to be, evidence of an offence,
and in so doing, the person intends that, or is recklessly indifferent as to
whether—
(c) the
investigation of the commission of an offence by another person is impeded or
prejudiced; or
(d)
another person is assisted to avoid apprehension or prosecution for an
offence; or
(e) the
likelihood that another person is apprehended or prosecuted for an offence is
reduced.
Maximum penalty: Imprisonment for 5 years.
(2) A person who is
served with an order under this Part commits an offence if the person, without
lawful authority or reasonable excuse—
(a)
alters, conceals or destroys data; or
(b)
causes another person to alter, conceal or destroy data,
held on a computer or data storage device in respect of which the order was
made and in so doing, or in causing the other person to so do, the person
intends that, or is recklessly indifferent as to whether, the investigation of
the commission of an offence is impeded or prejudiced.
Maximum penalty: Imprisonment for 10 years.
(3) A person who
voluntarily provides, or purports to provide, information or assistance of a
kind referred to in section 74BR(1) commits an offence if the information
or assistance causes data held on a computer or data storage device to be,
without lawful authority or reasonable excuse, altered, concealed or
destroyed, and in so doing the person intends that, or is recklessly
indifferent as to whether, the investigation of the commission of an offence
is impeded or prejudiced.
Maximum penalty: Imprisonment for 10 years.