Unauthorised access, modification or impairment with intent to commit serious indictable offence
(1) A person who causes any unauthorised computer function— (a) knowing it is unauthorised, and (b) with the intention of committing a serious indictable offence, or facilitating the commission of a serious indictable offence (whether by the person or by another person), is guilty of an offence. (2) For the purposes of this section, an unauthorised computer function is— (a) any unauthorised access to data held in any computer, or (b) any unauthorised modification of data held in any computer, or (c) any unauthorised impairment of electronic communication to or from any computer. (3) For the purposes of this section, a serious indictable offence includes an offence in any other jurisdiction that would be a serious indictable offence if committed in this jurisdiction. (4) A person may be found guilty of an offence against this section— (a) even if committing the serious indictable offence concerned is impossible, or (b) whether the serious indictable offence is to be committed at the time of the unauthorised conduct or at a later time. (5) It is not an offence to attempt to commit an offence against this section.
Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.
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