Part 4A of the Criminal Law Consolidation Act 1935 (SA) sets out a number of offences in relation to computers, computer data and electronic communications networks.

Access to, or modification of, computer data is unauthorised unless it is done or made by the owner of the data (or someone who has an authorisation or licence (express or implied) from the owner) [s 86C]. Similarly, an impairment of electronic communication is unauthorised unless it is caused by the person who is entitled to control use of the relevant electronic communication network or some other person who has an authorisation or licence from them [s 86D].

Unauthorised modification of computer data

A person who causes (directly or indirectly) an unauthorised modification of computer data AND knows that the modification is unauthorised AND intends, by that modification, to cause harm or inconvenience by impairing access to, or by impairing the reliability, security or operation of, computer data, or is reckless as to whether such harm or inconvenience will ensue, is guilty of an offence [s 86G].

Maximum penalty: 10 years imprisonment

Unauthorised impairment of electronic communication

A person who causes (directly or indirectly) an unauthorised impairment of electronic communication AND knows that the impairment is unauthorised AND intends, by that impairment, to cause harm or inconvenience, or is reckless as to whether harm or inconvenience with ensure, is guilty of an offence [s 86H].

Maximum penalty: 10 years imprisonment

Possession of computer viruses with intent to commit serious computer offence

A person is guilty of an offence if the person produces, supplies or obtains proscribed data or a proscribed object OR is in possession or control of proscribed data or proscribed object, with the intention of committing, or facilitating the commission (either by that person or someone else) of a serious computer offence [s 86I].

There are also offences for the use of a computer to commit, or facilitate the commission of the offences (both within and outside of the State) [see ss 86E and 86F].

Under the Summary Offences Act 1953 (SA) there is a similar offence relating to the unauthorised impairment of data held in a credit card or on a computer disk or other device [s 44A]. The maximum penalty for this offence is 2 years imprisonment.

The following websites provide more information about this and other computer-related crime and how people and organisations can protect themselves: