Australian Capital Territory Current Acts

CRIMINAL CODE 2002 - SECT 418

    (1)     A person commits an offence if the person has possession or control of data with the intention of—

        (a)     committing a serious computer offence; or

        (b)     enabling the commission of a serious computer offence (whether by the person or by someone else).

Maximum penalty: 300 penalty units, imprisonment for 3 years or both.

    (2)     For this section:

"possession or control of data" includes—

        (a)     possession of a computer or data storage device holding or containing the data; or

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

        (c)     control of data held in a computer that is in the possession of someone else (whether the computer is in or outside the ACT).

    (3)     A person can 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.