Cybercrime Act 2001
Act No. 161 of 2001 as amended
This compilation was prepared on 6 September 2004
[This Act was amended by Act No. 127 of 2004]
Amendments from Act No. 127 of 2004
[Schedule 5 (item 9) amended Schedule 1
Schedule 5 (item 9) commenced on 21 December 2001]
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
1 Short title
2 Commencement
3 Schedule(s)
4 Application—Criminal Code amendments
Schedule 1—Computer offences
Australian Security Intelligence Organisation Act 1979
Crimes Act 1914
Criminal Code Act 1995
Education Services for Overseas Students Act 2000
Telecommunications (Interception) Act 1979
Schedule 2—Law enforcement powers relating to electronically stored data
Crimes Act 1914
Customs Act 1901
An Act to amend the law relating to computer offences, and for other purposes
[Assented to 1 October 2001]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Cybercrime Act 2001.
2 Commencement
(1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.
(2) If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
4 Application—Criminal Code amendments
(1) The amendments of the Criminal Code made by Schedule 1 apply to conduct that takes place after that Schedule commences.
(2) For the purposes of this section, if conduct is alleged to have taken place between 2 dates, one before and one on or after the day on which Schedule 1 commences, the conduct is alleged to have taken place before Schedule 1 commences.
Schedule 1—Computer offences
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”.
Crimes Act 1914
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:
(b) a result of conduct; or
(c) a circumstance in which conduct, or a result of conduct, occurs.
4 The Schedule (before the Dictionary in the Criminal Code)
Insert:
Part 10.7—Computer offences
Division 476—Preliminary
476.1 Definitions
(1) In this Part:
access to data held in a computer means:
(a) the display of the data by the computer or any other output of the data from the computer; or
(b) the copying or moving of the data to any other place in the computer or to a data storage device; or
(c) in the case of a program—the execution of the program.
Commonwealth computer means a computer owned, leased…
Overview
The Cybercrime Act 2001, enacted by the Parliament of Australia, was introduced to address the gap in existing laws concerning computer-related crimes and activities. The Act was assented to on 1 October 2001 and it primarily amends other Acts to enhance the legal framework against cybercrime. It focuses on defining and criminalising various forms of unauthorised access, modification, and impairment of computer systems and data, including serious offences with significant penalties. The policy objective of the Act is to provide a comprehensive legal response to the challenges posed by the rapid advancement of information technology and the associated risks to data integrity, security, and privacy.
Scope and Application
The Cybercrime Act 2001 applies to conduct that takes place after the Act commences and is aimed at amending the law relating to computer offences and enhancing the legal framework for combating cybercrime. The Act applies to individuals and entities involved in computer-related offences, particularly those involving unauthorised access, modification, or impairment of data held in computers, unauthorised impairment of electronic communication, and other related activities. It extends its reach to Commonwealth entities, State and Territory entities, and covers activities both within and outside Australia. Certain staff members and agents of specified agencies are exempt from civil or criminal liability under certain conditions. The Act also includes provisions for extended geographical jurisdiction, allowing for the prosecution of offences committed outside Australia under specific circumstances. Additionally, the Act makes amendments to various other Acts, including the Criminal Code, Crimes Act 1914, Education Services for Overseas Students Act 2000, Telecommunications (Interception) Act 1979, and Customs Act 1901, to align with the provisions of the Cybercrime Act. The Act's application is further extended through subordinate instruments, which may provide additional definitions, penalties, and procedural details.
Key Provisions
- The Cybercrime Act 2001, as amended, introduces comprehensive provisions to address computer-related offences and enhances law enforcement capabilities in relation to electronically stored data. Key sections of the Act define computer offences, establish geographical jurisdiction, and outline the liabilities and protections for various agencies and individuals. The Act also imposes specific obligations on parties and sets out offences, penalties, and consequences for breaches.
- The Act introduces several key offences related to unauthorised access, modification, or impairment of data held in computers, as well as unauthorised impairment of electronic communications. For instance, under section 477.1, a person is guilty of an offence if they cause any unauthorised access, modification, or impairment of data held in a computer, or any unauthorised impairment of electronic communication to or from a computer, with the intent to commit a serious offence against Commonwealth, State, or Territory law. Similarly, section 477.2 criminalises the unauthorised modification of data that causes or risks impairing access to or the reliability, security, or operation of data held in a computer, with a maximum penalty of 10 years imprisonment. Under section 478.1, unauthorised access to, or modification of, restricted data results in an offence, carrying a maximum penalty of 2 years imprisonment.
- The Act imposes obligations on various parties, including the requirement for law enforcement agencies to act within their jurisdiction and for individuals to comply with the provisions of the Act. Notably, staff members or agents of certain agencies are exempt from civil or criminal liability for acts done outside Australia if they are performed in the proper execution of their duties, as outlined in section 476.5.
- Offences under the Act carry significant penalties. For example, under section 477.1, the penalty for causing unauthorised access, modification, or impairment with intent to commit a serious offence is not exceeding the penalty applicable to the serious offence itself. Section 477.2 prescribes a maximum penalty of 10 years imprisonment for unauthorised modification of data to cause impairment. Under section 478.1, unauthorised access to, or modification of, restricted data carries a maximum penalty of 2 years imprisonment. Furthermore, failure to comply with orders requiring information or assistance in accessing or copying data, as outlined in sections 3LA and 201A, is an offence punishable by up to 6 months imprisonment.
- The Act also includes provisions for law enforcement powers relating to electronically stored data, enhancing the ability of law enforcement officers to access, copy, and process data under warrant. These provisions are designed to ensure that law enforcement can effectively investigate cybercrimes while respecting individual rights and legal protections.
- Area of Law
- Cybercrime Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Offence Provisions
- Enforcement Powers
- Regulatory Standards