Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p39
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 39/97)
Character Range: 1707090–1709839

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.

Part 10.8—Financial information offences

480.1  Definitions
 (1) In this Part:
ADI (authorised deposit‑taking institution) means a corporation that is an ADI for the purposes of the Banking Act 1959.
dealing in personal financial information includes supplying or using financial information.
deception means an intentional or reckless deception, whether by words or other conduct, and whether as to fact or as to law, and includes:
 (a) a deception as to the intentions of the person using the deception or any other person; and
 (b) conduct by a person that causes a computer, a machine or an electronic device to make a response that the person is not authorised to cause it to do.
dishonest has the meaning given by section 480.2.
obtaining personal financial information includes possessing or making personal financial information.
personal financial information means information relating to a person that may be used (whether alone