Sentencing

What the section does

Section 19 sets out sentencing rules for offences covered by the Act and requires specified circumstances to be considered when sentence is imposed.

Key points

• The section sets penalties for several offences covered by the Act.
• Aggravated offences under section 11 carry a maximum imprisonment period of 15 years under the Act.
• For specified offences, the court must consider circumstances such as the extent of harm or loss and the manner in which the offence was committed.
• Section 19 also contains a specific direct-imprisonment provision for certain offences committed by, or with the collusion or assistance of, people who had duties, functions, lawful authority or access relating to the affected systems or data.
• Section 19(7) provides a penalty of a fine or imprisonment of up to three years, or both, for contraventions of sections 14, 15 or 16.

What this means in practice

Sentencing depends on the offence and circumstances. Cyber Conduct should not turn a statutory maximum into a prediction of what sentence a particular person will receive.