Victorian Current Acts

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CONFISCATION ACT 1997 - SECT 80C

Offence to fail to comply with order requiring assistance

    (1)     A person commits an offence if—

        (a)     the person has relevant knowledge of—

              (i)     the computer or data storage device or a computer network of which the computer or data storage device forms or formed a part; or

              (ii)     data recorded on a thing that enables access to other data held in, or accessible from, a computer or data storage device; or

              (iii)     measures applied to protect—

    (A)     data held in, or accessible from, the computer or data storage device; or

    (B)     data recorded on a thing that enables access to other data held in, or accessible from, a computer or data storage device; and

        (b)     the person is informed by a police officer

              (i)     of the order made under section 80B and of its terms; and

              (ii)     that it is an indictable offence punishable by imprisonment to fail to comply with the order; and

        (c)     the person fails to comply with the order without reasonable excuse.

    (2)     A person who commits an offence against subsection (1) is liable to level 6 imprisonment (5 years maximum).

S. 81 (Heading) inserted by No. 63/2003 s. 20(2).



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