247AInterpretation

247A Interpretation

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—

(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—

but does not include a mere interception of any such communication;

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.