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Producing, Supplying or Obtaining Data With Intent to Commit a Serious Computer Offence

Producing, supplying or obtaining data with intent to commit a serious computer offence is a crime under section 308G of the Crimes Act 1900, which carries a maximum penalty of 3 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You produced, supplied or obtained data, and
  2. You did so intending to commit or facilitate a serious computer offence.

‘Produce, supply or obtain data’ includes:

  1. Producing, supplying or obtaining data held or contained in a computer or in a data storage device, and
  2. Producing, supplying or obtaining a document in which data is recorded.

‘Data held in a computer’ includes:

  1. Data entered or copied into a computer
  2. Data held in any removable storage which was in a computer for a time, and
  3. Data held in any data storage device on a computer network of which a computer formed a part.

A ‘data storage device’ is any thing, including a disk or file server, which contains or is designed to contain data for use by a computer.

A ‘serious computer offence’ is an offence under:

  1. Section 308C of the Crimes Act, which is unauthorised access, modification or impairment with intent to commit serious indictable offence
  2. Section 308D of the Crimes Act, which is unauthorised modification of data with intent to cause impairment, or
  3. Section 308E of the Crimes Act, which is unauthorised impairment of electronic communication.

It also includes equivalent conduct committed outside NSW provided the conduct amounts to an offence in that jurisdiction.

You may be found guilty even if committing the serious computer offence is impossible.

Duress is a defence to the charge.

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