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CRIMES ACT 1900 - SECT 308F
Possession of data with intent to commit serious computer offence
308F 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. : Maximum
penalty-Imprisonment for 3 years.
(2) For the purposes of this section,
"possession or control of data" includes- (a) possession of a computer or data
storage device holding or containing the data or of a document in which the
data is recorded, and
(b) control of data held in a computer that is in the
possession of another person (whether the computer is in this jurisdiction or
outside this jurisdiction).
(3) A person may be found guilty of an offence
against this section even if committing the serious computer offence concerned
is impossible.
(4) It is not an offence to attempt to commit an offence
against this section.
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