Please be ready with your application reference number starting with 'P'. For example P1234567
All illegal activities with a computer can equally result in catastrophe difficult to measure, just like any other offence. Generally, computer offences are usually handled with a lot of sensitivity and thoroughness.
Various forms of cyber, network or program-based violations fall under computer offences. That is why even though the Criminal Law Consolidation Act 1935 (SA) contains some definitions and contexts about computer offences in South Australia (SA), it is supplemented by;
It is an offence to be found damaging a person or group using technology or any digitally inclined platforms. The legislation in SA prohibits such actions and can equally classify them as criminal offences.
If an individual is convicted in a South Australian court for a Computer Crime offence, the offence will show up as a disclosable court outcome (DCO) on a criminal background check in SA.
The offence will be disclosed on a criminal history check in accordance with the Spent Convictions Scheme in South Australia.
Many acts using a computer are prohibited in the Criminal Law Consolidation Act 1935 (SA) and, depending on the severity or aggravation, can attract penalties of various ranges.
It is a prohibited act to use a computer in a manner that causes some form of damage to persons, organisation or group. Section 86E of the Criminal Law Consolidation Act 1935 (SA) include these activities as;
It includes all cases where the offender knows that;
A person guilty of this offence gets the maximum penalty prescribed if the person committed the principal crime.
Subsection 2 of section 86E of the Criminal Law Consolidation Act 1935 (SA) states that an offence will still have taken place;
Also, if the offence occurs, it does not absolve the person that had access to the computer at that time.
Subsection 3 of section 86E of the Act equally indicts the person who used the computer at the time of the offence as;
However, a person cannot be convicted of committing the principal offence and being an accessory to the crime.
For this section, a person cannot be guilty of attempting to commit the offence.
If a person is guilty of an offence if they, without reasonable excuse, intentionally.
Use a computer within the State to;
The person is guilty of an offence equal to if they had committed it in the State.
Section 86F of the Criminal Law Consolidation Act 1935 (SA) defines a prohibited Act as;
For this section, a person can still be guilty of the offence even though it was practically impossible for them to commit such an act.
The court may convict the person even though the Act was committed other than when the charge relates.
Like other sections, a person is not guilty of offending in this section if they only attempted to commit the offence.
All information or details in specific computers are strictly restricted to the permission of the person authorized. It is equally an offence for a person who has control over a computer or system of networks to modify such data without permission.
Section 86G of the Criminal Law Consolidation Act 1935 (SA) makes a person guilty of offences if they;
It includes where such action that Impairs;
Where the accused person is guilty, the law stipulates imprisonment of 10 years.
There are various forms of electronic communications, usually dealing with codes, fax, mails and other encrypted forms of messaging. It is a crime that a person impairs or obstructs such forms of communication using any means.
The court finds a person guilty of this offence, especially if the person knows such Act was
And where they intended to;
Section 86H of the Act lists it as an offence that attracts ten years of imprisonment.
Various computer programs only serve to impede and nullify any previously-stored or running data on the computer. These programs can range from Viruses, worms, bugs, hacks and all other remote causes.
There is no telling the extent to which these programs can destroy, impair, or harm a computer and its systems.
It is a criminal act for a person to possess any of these harmful programs (viruses) with intent to use them in a disruptive manner. It includes cases where the person aims to aid in committing a serious computer offence. Descriptions of these types of offences are found in section 86I of the Criminal law consolidation Act.
It is an offence that carries a penalty reaching three years imprisonment under the law.
For this section;
As long as the accused person control/possession of the virus, it is immaterial that the accused;
If an individual is found guilty of a Computer Crime offence in South Australia (SA), the offence will show up as a disclosable court outcome (DCO) on the results of their police clearance check.
Individuals can obtain a nationally coordinated criminal history check online via the Australian National Character Check - ANCC® website.
Criminal Law Consolidation Act 1935 (SA) - https://www.legislation.sa.gov.au/lz?path=%2FC%2FA%2FCRIMINAL%20LAW%20CONSOLIDATION%20ACT%201935
Surveillance Devices Act 2016 (SA) - https://www.legislation.sa.gov.au/lz?path=%2FC%2FA%2FSurveillance%20Devices%20Act%202016
Intervention Orders (Prevention of Abuse) Act 2009 (SA) - https://www.legislation.sa.gov.au/lz?path=%2FC%2FA%2FINTERVENTION%20ORDERS%20(PREVENTION%20OF%20ABUSE)%20ACT%202009
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