Computer Crime

Question 1

Access definition

Answer 1

Access, in relation to any computer system, means instruct, communicate with, store data in, receive data from, or otherwise make use of any of the resources of the computer system

Question 2

Authorisation definition

Answer 2

Authorisation includes an authorisation conferred on a person by or under an enactment or a rule of law, or by an order of a court or judicial process

Question 3

Computer system definition
Act/Section

Answer 3

Crimes Act 1961 Section 248

(a) Computer system means -

(i) a computer or
(ii) 2 or more interconnected computers; or
(iii) any communication links between computers or to remote terminals or another device; or
(iv) 2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other device; and

(b) include any part of the items described in paragraph (a) and all related input, output, processing, storage, software, communication facilities and stored data.

Question 4

Accessing computer system for dishonest purpose

Act/Section/elements (1)

Answer 4

Crimes Act 1961 Section 249(1)

• Everyone who
• Directly or indirectly
• Accesses any computer system and thereby
• Dishonestly or by deception
• And without claim of right

(a) Obtains any PPPVSB; or
(b) Causes loss to any other person

Question 5

Accessing computer system for dishonest purpose

Act/Section/elements (2)

Answer 5

Crimes Act 1961 Section 249(2)

• Everyone who
• Directly or indirectly
• Accesses any computer system with intent
• Dishonestly or by deception
• And without claim of right

(a) To obtain any PPPVSB; or
(b) To cause loss to any other person

Question 6

Damaging or interfering with a computer system
Act/Section (1)

Answer 6

Crimes Act 1961 Section 250(1)

• Everyone who
• Intentionally or recklessly
• Destroys, damages, or alters any computer system
• If he or she knows or ought to know that danger to life is likely to result

Question 7

Damaging or interfering with a computer system
Act/Section/elements (2)

Answer 7

Crimes Act 1961 Section 250(2)

• Everyone who
• Intentionally or recklessly
• And without authorisation
• Knowing that they’re not authorised, or being reckless as to whether or not they’re authorised -

(a) Damages, deletes, modifies, or otherwise interferes with or impairs any data or software in any computer system; or
(b) Causes any data or software in any computer system to be damaged, deleted, modified, or otherwise interfered with or impaired; or
(c) Causes any computer system to -
(i) Fail; or
(ii) Deny service to any authorised users

Question 8

Accessing computer system without authorisation
Act/Section/Elements (1)

Answer 8

Crimes Act 1961 Section 252(1)

• Everyone who
• Intentionally accesses
• Directly or indirectly
• Any computer system
  -Without authorisation
• Knowing that they are not authorised to access that computer system, or being reckless as to whether or not they are authorised to access that computer system