South Australian Current Acts South Australian Current Acts86I—Possession of computer viruses etc with intent to commit serious
computer offence
(1) A person is guilty
of an offence if the person—
(a)
produces, supplies or obtains proscribed data or a proscribed object; or
(b) is
in possession or control of proscribed data or a proscribed object,
with the intention of committing, or facilitating the commission (either by
that person or someone else) of, a serious computer offence.
Maximum penalty: Imprisonment for 3 years.
(2) In this
section—
"proscribed data" means a computer virus or other computer data clearly
designed or adapted to enable or facilitate the commission of a serious
computer offence;
"proscribed object" means a document or other object clearly designed or
adapted to enable or facilitate the commission of a serious computer offence.
Examples—
1 A disk, card or other data storage device
containing a computer virus or other computer data adapted for the commission
of a serious computer offence.
2 Instructions (whether in hard copy or electronic
form) for carrying out a serious computer offence.
(3) If it is
established in proceedings for an offence against this section that the
defendant was in control of proscribed data, it is irrelevant—
(a)
whether the data is stored inside or outside the State; or
(b)
whether the defendant owned or was in possession of the medium or device in
which the data was stored.
(4) A person may be
convicted of an offence against this section even though it would have been
impossible in the circumstances to commit the intended offence.
(5) A person cannot be
convicted of an attempt to commit an offence against this section.