Section 308F — Crimes Act 1900 (NSW)

(1) A person who is in possession or control of data—
(a) with the intention of committing a serious computer offence, or
(b) with the intention of facilitating the commission of a serious computer offence (whether by the person or by another person),
is guilty of an offence.
(2) For the purposes of this section, possession or control of data includes—
(a) possession of a computer or data storage device holding or containing the data or of a document in which the data is recorded, and
(b) control of data held in a computer that is in the possession of another person (whether the computer is in this jurisdiction or outside this jurisdiction).
(3) A person may be found guilty of an offence against this section even if committing the serious computer offence concerned is impossible.
(4) It is not an offence to attempt to commit an offence against this section.

Related sections

• s 308C — Unauthorised access, modification or impairment with intent to commit serious indictable offence
• s 308D — Unauthorised modification of data with intent to cause impairment
• s 308E — Unauthorised impairment of electronic communication
• s 308G — Producing, supplying or obtaining data with intent to commit serious computer offence
• s 308H — Unauthorised access to or modification of restricted data held in computer (summary offence)
• s 308I — Unauthorised impairment of data held in computer disk, credit card or other device (summary offence)

Research how courts apply s 308F

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.