Please be ready with your application reference number starting with 'P'. For example P1234567
With all the benefits of technology and electronic systems, it is not free of abuse and is being used as a tool for illegalities. Like any other States and Territories in Australia and worldwide, computer crimes are a common occurrence, and the result can be disastrous.
Western Australia (WA) has strong laws regarding the illegal or unauthorised use of a computer device or other electronic equipment.
The laws on computer crimes are stipulated in various Acts/legislations that invariably prohibits all forms of unauthorised;
If an individual is convicted in a Western Australian court for a Computer Crime offence, the offence will show up as a disclosable court outcome (DCO) on a criminal background check in Western Australia.
The offence will be disclosed on a criminal history check in accordance with the Spent Convictions Scheme in Western Australia.
WA communicates its counteraction against computer offences mainly through the following Acts;
In many ways and through various dedicated sections, the above legislations prohibit computer offences of various forms.
It is a serious offence for a person to unlawfully use a computer or any other electronic system that has;
Unlawful use of a computer in this section includes cases where the person;
A person unlawfully uses a computer under this section if;
If they use it without being authorized or licensed to use the computer
They use it in a manner not approved for someone authorised to use.
It is an offence for a person to unlawfully use a computer (privately accessed) is guilty of a crime.
It is an offence that incurs as much as $5000 or 10 years imprisonment.
However, if the person intended to cause such detriment, monetary gain or similar, it is an offence that incurs five years imprisonment.
The crime incurs as much as two years imprisonment for any other purpose.
If the offence is treated as a summary offence under WA law, it incurs penalty as much as:
Section 490 of the Criminal Code Act Compilation Act 1913 (WA) prohibits using, providing or dealing with identification material with detrimental purpose. This section is immaterial if the accused person finally uses the identification document in a physical offence.
It incurs a penalty of up to 7 years imprisonment or a maximum penalty stipulated for the original indictable offence.
This section describes identification information as;
It is an offence that a person to hold or possess an ID material or similar with the intent to cause an indictable offence in WA. The court finds a person guilty of such an act is guilty of a crime that attracts five years imprisonment.
If the court tries the person summarily in a lower court, the maximum penalties are;
It is immaterial to the court that the act (offence) was practically impossible at the time.
It is an offence to possess or own an equipment that is notably useful in making a false ID material. A person who possesses this material with the intent of committing an indictable offence is guilty of a crime that incurs five years.
If the matter is treated summarily, it incurs;
It is an offence to use another person's identity deceitfully or to commit a crime. This section describes an offence that is commonly referred to as identity fraud. It includes cases where the person assumes the victim's identity or intends to.
Section 372 of the Criminal Code Act Compilation Act 1913 (WA) stipulates five years imprisonment for such offences.
Section 474 of WA’s criminal code describes an offence where a person manufactures, advertises, sells or possesses an interception device. It is an offence that incurs as much as five years imprisonment.
Section 338B of the Act criminalises any act that involves uncivil and aggressive behaviour towards another person using digital tools or devices. It is an offence to
Depending on the circumstance of the matter, the penalty for such offences can reach up to 14 years imprisonment.
It is an offence to convey an information or threat knowing it is false and with the plan to;
It is an offence that incurs as much as ten years imprisonment.
Section 345 of the Act criminalises any libellous, untrue and defamatory material about another person without lawful excuse.
It is an offence, especially in cases where;
However, it is a defence if the person can prove the allegations or honest analysis.
There are various descriptions and ranges for matters that constitute computer offences. Most times, the court has the task of deciding which matters are heard in the lower or higher court.
Serious computer offences are decided by higher courts such as the District Courts. Other computer offences are heard in a Magistrates court.
If an individual is found guilty of a Computer Crime offence in Western Australia (WA), 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 Code Act Compilation Act 1913 (WA) - https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_218_homepage.html
Western Australia Police Force (Technology Crime) - https://www.police.wa.gov.au/Crime/Technology-crime
The content on this website is communicated to you on behalf of Australian National Character Check™ (ANCC®) pursuant to Part VB of the Copyright Act 1968 (the Act).
The material in this communication may be subject to copyright under the Act. Any further reproduction of this material may be the subject of copyright protection under the Act.
You may include a link on your website pointing to this content for commercial, educational, governmental or personal use.
The contents of this website do not constitute legal advice and should not be relied upon as a substitute for legal or professional advice.