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