478.3 Possession or control of data with intent to commit a computer offence
(1) A person commits an offence if:
(a) the person has possession or control of data; and
(b) the person has that possession or control 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 possession or control of data
(4) In this section, a reference to a person having possession or control of data includes a reference to the person:
(a) having possession of a computer or data storage device that holds or contains the data; or
(b) having possession of a document in which the data is recorded; or
(c) having control of data held in a computer that is in the possession of another person (whether inside or outside Australia).
478.4 Producing, supplying or obtaining data with intent to commit a computer offence
(1) A person commits 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.
This text corresponds to the Criminal Code as amended and in force on 3 September 2024, Volume 2 Schedule (sections 268.1–490.7)