Text as at 26 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

247A Interpretation

(1)In this Subdivision—

access, in relation to data held in a computer, means—

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

(b)the copying or moving of the data to any other place in the computer or to a data storage 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 includes—

(a)data entered or copied into the computer; 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 forms part;

data storage device means any thing (for example, a disk or file server) containing or designed to contain data for use by a computer;

electronic communication means a communication of information in any form by means of guided or unguided electromagnetic energy;

impairment, in relation to electronic communication to or from a computer, includes— but does not include a mere interception of any such communication;

(a)the prevention of any such communication; and

(b)the impairment of any such communication on an electronic link or network used by the computer—

modification, in relation to data held in a computer, means—

(a)the alteration or removal of the data; or

(b)an addition to the data;

serious computer offence means—

(a)an offence against section 247B, 247C or 247D; or

(b)conduct in another jurisdiction that is an offence in that jurisdiction and that would constitute an offence against section 247B, 247C or 247D if the conduct occurred in Victoria;

unauthorised computer function means any of the following—

(a)any unauthorised access to data held in a computer; or

(b)any unauthorised modification of data held in a computer; or

(c)any unauthorised impairment of electronic communication to or from a computer.

(2)In this Subdivision, a reference to access to data, modification of data or impairment of electronic communication is limited to access, modification or impairment caused (whether directly or indirectly) by the execution of a function of a computer.

(3)For the purposes of this Subdivision, access to data, modification of data or impairment of electronic communication by a person—

(a)is unauthorised if the person is not entitled to cause that access, modification or impairment;

(b)is not unauthorised merely because the person has an ulterior purpose for that action.

(4)For the purposes of an offence against this Subdivision, a person causes an unauthorised computer function if the person's conduct substantially contributes to the unauthorised computer function.