Victorian Numbered Acts

SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 232

In this Division—

"access", in relation to data held in a computer or device, means—

        (a)     the display of the data by the computer or device or any other output of the data from the computer or device; or

        (b)     the copying or moving of the data to any other place in the computer or to a device; or

        (c)     in the case of a program, the execution of the program;

"data "includes—

        (a)     information in any form; and

        (b)     any program or part of a program;

"data held" in a computer or device includes—

        (a)     data entered or copied into the computer or device; and

        (b)     data held in any removable data storage device for the time being in the computer; and

        (c)     data held in a data storage device on a computer network of which the computer or device forms part;

"data storage device "means any thing containing or designed to contain data for use by a computer;

Example

A USB storage device or a file server.

"device" includes a data storage device, a smartphone, any other type of telephone capable of storing data and a SIM card;

"relevant knowledge "means information or other assistance that would enable the officer—

        (a)     to access data held in, or accessible from, a computer or device that belongs to, or is in the possession or under the control of, the offender or other person at the place or premises being searched; or

        (b)     to copy to a data storage device data held in, or accessible from, a computer or device referred to in paragraph (a); or

        (c)     to convert into documentary or another intelligible form—

              (i)     data held in, or accessible from, a computer or device referred to in paragraph (a); or

              (ii)     data held in a data storage device to which the data was copied as described in paragraph (b).