In Australia, the term ‘cyber crime’ is used to describe both:

• crimes directed at computers or other information communications technologies (ICTs) (such as computer intrusions and denial of service attacks), and
• crimes where computers or ICTs are an integral part of an offence (such as online fraud)

Just as the internet and other modern technologies are opening up tremendous possibilities, they also provide opportunities for criminals to commit new crimes and to carry out old crimes in new ways.

Online, criminals can commit cyber crimes across multiple borders in an instant and can target a large number of victims simultaneously. Tools that have many legitimate uses, like high speed internet, peer to peer file-sharing and sophisticated encryption methods, can also help criminals to carry out and conceal their activities.

The AFP is responsible for detecting, preventing, disrupting, responding to and enforcing cyber crime offences impacting the whole of the Australian economy.

It focuses on investigating cyber crime threats against Commonwealth Government departments, critical infrastructure and information systems of national significance, with a key element being the banking and financial sector. The AFP is guided by Commonwealth priorities for combating cyber crime.

In general, the investigation of fraud against an individual is a state police responsibility. However, where there is a crossover between the investigation of a fraud against an individual and the investigation of an organised attack against critical banking systems, the AFP will work together with the local jurisdiction and the banking and finance industry.

Cyber crime offences are found in Commonwealth legislation within parts 10.7 and 10.8 of the Criminal Code Act 1995 and include:

• Computer intrusions
• Unauthorised modification of data, including destruction of data
• Unauthorised impairment of electronic communications, including denial of service attacks
• The creation and distribution of malicious software (for example, malware, viruses, ransomware)
• Dishonestly obtaining or dealing in personal financial information.

Each State and Territory in Australia has its own legislated computer-related offences that are similar to the Commonwealth legislation as well as legislation which covers online fraud and other technology enabled crimes.

• Full time Imprisonment
• New ICO (ICO) with a home detention condition available
• New Community Correction Order (CCO)
• Fine; and or
• New Conditional release Order (CRO)

If you have been charged with any Cyber Crimes Against Commonwealth Government Departments offence our team at Nott and Co Lawyers can negotiate having charges withdrawn, downgraded or defended.

If you are in trouble with the law, you need to get legal advice as soon as possible. The most important thing for Nott and Co Lawyers is to get back to you quickly.

Our commitment to anybody who reaches out to us is that we will be back in touch within 24hrs – personally and not via automated message.

People work around the clock these days and Nott and Co Lawyers always has the lights on to make sure that if you need us, you can find us.