Victorian Current Acts Victorian Current Acts(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.
S. 247B inserted by No. 10/2003 s. 5.