Section 478.4 Criminal Code Act | Data with Intent to Commit Computer Offence


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The Legislation

Section 478.4 of the Criminal Code Act 1995 (Cth) is Data with Intent to Commit Computer Offence and is extracted below.

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478.4 Producing, supplying or obtaining data with intent to commit a computer offence

(1) A person is guilty of an offence if:

(a) the person produces, supplies or obtains data; and

(b) the person does so with the intention that the data be used, by the person or another person, in:

(i) committing an offence against Division 477; or

(ii) facilitating the commission of such an offence.

Penalty: 3 years imprisonment.

(2) A person may be found guilty of an offence against this section even if committing the offence against Division 477 is impossible.

No offence of attempt

(3) It is not an offence to attempt to commit an offence against this section.

Meaning of producing, supplying or obtaining data

(4) In this section, a reference to a person producing, supplying or obtaining data includes a reference to the person:

(a) producing, supplying or obtaining data held or contained in a computer or data storage device; or

(b) producing, supplying or obtaining a document in which the data is recorded.