Victorian Consolidated Legislation

Crimes Act 1958 - SECT 247A

Interpretation

247A. Interpretation



(1) In this Subdivision-

access, in relation to data held in a computer, means-

   (a)  the display of the data by the computer or any other output of the
        data from the computer; or

   (b)  the copying or moving of the data to any other place in the computer
        or to a data storage device; or

   (c)  in the case of a program, the execution of the program; data includes-

   (a)  information in any form; and

   (b)  any program or part of a program; data held in a computer includes-

   (a)  data entered or copied into the computer; and

   (b)  data held in any removable data storage device for the time being in
        the computer; and

   (c)  data held in a data storage device on a computer network of which the
        computer forms part; data storage device means any thing (for example,
        a disk or file server) containing or designed to contain data for use
        by a computer; electronic communication means a communication of
        information in any form by means of guided or unguided electromagnetic
        energy; impairment, in relation to electronic communication to or from
        a computer, includes-

   (a)  the prevention of any such communication; and

   (b)  the impairment of any such communication on an electronic link or
        network used by the computer- but does not include a mere interception
        of any such communication; modification, in relation to data held in a
        computer, means-

   (a)  the alteration or removal of the data; or

   (b)  an addition to the data; serious computer offence means-

   (a)  an offence against section 247B, 247C or 247D; or

   (b)  conduct in another jurisdiction that is an offence in that
        jurisdiction and that would constitute an offence against section
        247B, 247C or 247D if the conduct occurred in Victoria; unauthorised
        computer function means any of the following-

   (a)  any unauthorised access to data held in a computer; or

   (b)  any unauthorised modification of data held in a computer; or

   (c)  any unauthorised impairment of electronic communication to or from a
        computer.

(2) In this Subdivision, a reference to access to data, modification of data
or impairment of electronic communication is limited to access, modification
or impairment caused (whether directly or indirectly) by the execution of a
function of a computer.

(3) For the purposes of this Subdivision, access to data, modification of data
or impairment of electronic communication by a person-

   (a)  is unauthorised if the person is not entitled to cause that access,
        modification or impairment;

   (b)  is not unauthorised merely because the person has an ulterior purpose
        for that action.

(4) For the purposes of an offence against this Subdivision, a person causes
an unauthorised computer function if the person's conduct substantially
contributes to the unauthorised computer function.