Cybercrime has become a sophisticated transnational threat globally and Australia is not an exception in this case.
In Australia, cybercrime means the crimes directed at computers or other information communications technologies. The crimes can relate to hacking, denial of service attacks, online fraud, and money laundering and identity theft to name a few.
Even accessing confidential information of a company illegally is considered a crime in Australia. In fact, computer offences related to unauthorised access and modification of data and the impairment of electronic communications is very severe and for committing this crime one can be put behind the jail.
Australian Law and Hacking
In Western Australia, section 440A of the Criminal Code was introduced in 1990 under the heading ‘unlawful operation of a computer system’. The law states that an individual who unlawfully gains access to a computer system that has restricted access is considered guilty of a crime.
Moreover, the Criminal Code Act Division 477-478 outlines the computer offences, such as hacking, that can be prosecuted at the federal level. Division 477.1 of the Criminal Code Act states that a person is guilty of an offence if he/she causes:-
- any unauthorised access to data held in a computer
- any unauthorised modification of data held in a computer
- any unauthorised impairment of electronic communication to or from a computer
Division 477.1 of the Criminal Code Act also states that the unauthorised access, modification or impairment is caused by means of a carriage service.
- the person knows the access, modification or impairment is unauthorised.
- the person intends to commit, or facilitate the commission of, a serious offence against a law of the Commonwealth, a State or a Territory (whether by that person or another person) by the access, modification or impairment
The law has been adopted in the majority of states and territories in Australia.
Criminal defence lawyers have knowledge about the minute details of cybercrime and can give you the best advice.
Punishment for Cybercrime
If pronounced guilty of cyber crime, the penalty can be as high as 10 years of imprisonment.
When unlawful access to a restricted system causes financial damages to another person going up to $5,000.00, then the individual can get a maximum term of imprisonment of up to 10 years.
In case, the offender gains or stands to gain some benefit due to the cybercrime committed by him, he can get imprisonment for a period of 5 years. Under any other possibility, the punishment becomes a minimum of 2 years.
Prosecution of a person who committed computer crimes in Australia law is dependent on the act in question being committed on Australian territory.
When to contact criminal defence lawyers
If you got arrested for accessing confidential information of company illegally, take action quickly. Consult with the best computer crime lawyers in Perth and discuss your case with the lawyer in details.
Criminal defence lawyers will analyse the alleged computer offence committed by you in details and then give you the best advice on the best way forward.
Apart from giving the best legal advice on the matter, the best criminal defence lawyer in Perth will also support you throughout the court proceedings and help forward arguments in favour of your case. The team of criminal defence lawyers will explore all possibilities to have your charges dropped if possible.
If the court finds you not guilty of the charges put against you, you will not have to pay any fine and will be clear of all the charges against you. At the same time, you are most likely to be reimbursed for any legal fees incurred during the court proceedings.
You can also contact criminal defence lawyers if you believe that you may have been a victim of hacking. They will give the best suggestions regarding what can be done.
For any kind of cybercrime or other criminal cases, get in touch with Criminal Defence Lawyers Perth. The team of qualified criminal defence lawyers in Perth are experienced in dealing with cases involving the cybercrime as well as other types of criminal cases.