Victorian Consolidated Legislation

Crimes Act 1958 - SECT 247E

Possession of data with intent to commit serious computer offence

247E. Possession of data with intent to commit serious computer offence



(1) A person who is in possession or control of data-

   (a)  with the intention of committing a serious computer offence; or

   (b)  with the intention of facilitating the commission of a serious
        computer offence (whether by the person or by another person)-

is guilty of an offence and liable to imprisonment for a term not exceeding 3
years.

(2) In this section, a reference to a person having possession or control of
data includes a reference to a person-

   (a)  having possession of a computer or data storage device that holds or
        contains the data; and

   (b)  having possession of a document in which the data is recorded; and

   (c)  having control of data held in a computer that is in the possession of
        another person (whether the computer is in Victoria or outside
        Victoria).

(3) A person may be found guilty of an offence against this section even if
committing the serious computer offence is impossible.

(4) It is not an offence to attempt to commit an offence against this section.