Section 308F Crimes Act | Possession of Data with Intent


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The Legislation

Section 308F of the Crimes Act is the offence of Possession of Data with Intent and is extracted below.

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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.