Due to the varying nature of offences which can be committed in cyberspace, the Australian framework spans over state and federal legislation and is not limited to one particular legal provision. For example, similar offences can be found in NSW and Commonwealth provisions.
This article explores cyber security laws in Australia and which agencies are responsible for investigating cybercrime.
Who investigates cybercrime in Australia?
The Australian Federal Police
The Federal Police are responsible for investigating and responding to cybercrime of national significance. These are referred to as high tech crime and classified into the following:
– Computer Intrusions: unauthorised access of a computer or network of computers.
– Unauthorised modification of data, including destruction of data.
– Creation and distribution of malicious software (viruses, worms, trojans).
– Distributed denial of service (DDOS) attacks using botnets: the deliberate disruption or impairment of a service or communication using malicious software.
They also are responsible for child protection and investigate crimes associated with online child sex exploitation and travelling child sex offenders.
State and Territory Police
The NSW Police have jurisdiction to investigate and prosecute offences that occur on the cyber sphere. Police are able to investigate a range of matters, from child sexual exploitation to cyber bullying. Within the field of cyber security, they focus on online fraud which includes internet banking, mobile banking, phishing, mule recruitment, shopping and auction site fraud, scams, spam and identity theft. The AFP will have jurisdiction where online fraud affects a government department.
The ACIC
The Australian Criminal Intelligence Commission (ACIC) discovers, understands and prioritises cybercrime threat intelligence to enhance response options.
Australian Security Intelligence Organisation
ASIO has strategic intelligence analysts that investigate cyber and telecommunication threats that affect national security.
Who prosecutes cybercrimes?
The Office of the Commonwealth Director of Public Prosecutions commonly prosecute offences within sections 478.1(1), 477.3(1) and 474.17 of the Criminal Code Act 1995 (Cth). They relate to unauthorised access to data, impairment of electronic communication and using carriage service to harass or cause offence. Offences that fall within a state or territory are prosecuted by the corresponding state Director of Public Prosecutions.
In which legislation can cyber security laws and cybercrime offences in Australia be found?
| State | |
| Crimes Act 1900 (NSW) | s66EB: Procuring or grooming child under 16 for unlawful sexual activity
s91H: Production, dissemination or possession of child abuse material s192E: Fraud (including online fraud) s308C: Unauthorised access, modification or impairment with intent to commit serious indictable offence |
| Surveillance Devices Act 2007 (NSW) | s7: Prohibition on installation, use and maintenance of listening devices |
| Crimes (Domestic and Personal Violence) Act 2007 (NSW | s13: Stalking or intimidation with intent to cause fear of physical or mental harm (Bullying) |
| Federal | |
| Criminal Code Act 1995 (Cth)
Amended in 2001 by the Cybercrime Act 2001 |
134.1: Obtaining property by deception
372.1: Dealing in identification information 372.1A: Dealing in identification information that involves use of a carriage service 372.2: Possession of identification information 474.14: Using a telecommunications network with intention to commit a serious offence 474.15: Using a carriage service to make a threat 474.16: Using a carriage service for a hoax threat 474.17: Using a carriage service to menace, harass or cause offence 474.19: Using a carriage service for child pornography material 474.20: Possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service 477.1: Unauthorised access, modification or impairment with intent to commit a serious offence 477.2: Unauthorised modification of data to cause impairment 477.3: Unauthorised impairment of electronic communication 478.1: Unauthorised access to, or modification of, restricted data 478.2: Unauthorised impairment of data held on a computer disk etc. 478.3: Possession or control of data with intent to commit a computer offence 478.4: Producing, supplying or obtaining data with intent to commit a computer offence |
