South Australian Current Acts

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CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 86I

86I—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.



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