Cybercrime Defense Lawyer

Online offending can breach both the Crimes Act 1958 (Vic) and the Commonwealth Criminal Code. Common allegations include online scams, unauthorised access to computer data, sharing intimate images without consent, and using the internet to stalk or harass someone. Police usually seize phones and computers and may seek a court order requiring you to provide passwords. If police contact you or search your home, get legal advice before deciding whether to be interviewed.

Key points

• Sections 247A to 247I of the Crimes Act 1958 (Vic) create computer offences; Part 10.7 of the Commonwealth Criminal Code also covers unauthorised access to, modification or impairment of data.
• In Victoria, distributing an intimate image of an adult without consent carries up to 3 years' imprisonment; threatening to distribute one carries up to 1 year.
• Distributing an intimate image of someone under 18 is illegal even with their consent, and may involve child abuse material offences.
• Stalking, including by email, social media and other online means, is a serious indictable offence.
• Both Victorian and Commonwealth law allow police to seek a court order requiring a person to help unlock a device or provide access information; failing to comply can itself be an offence.

Common cybercrime allegations

• Online fraud and deception: for example fake online sales, investment scams or impersonation to receive money, usually charged as obtaining property or a financial advantage by deception;
• Unauthorised computer access: logging into someone else's account, email or company system without authority, or modifying or deleting data;
• Image-based abuse: recording, distributing or threatening to distribute intimate images without consent, including AI-generated deepfakes;
• Online harassment and stalking: repeated threatening or harassing messages, tracking someone's movements, or using a carriage service to menace, harass or cause offence;
• Money mules: lending or selling a bank account to move money for others, which can lead to charges of dealing with proceeds of crime.

State or federal: who prosecutes

The same conduct can breach both Victorian and Commonwealth law. Generally, Victoria Police investigate state offences and state prosecutors run them, while offences using a carriage service such as the phone or internet, cross-border scams or money laundering may be investigated by the Australian Federal Police (AFP) and prosecuted by the CDPP. Different laws bring different procedures and sentencing rules, so identifying the legislation behind each charge is the first step in a defence strategy.

Device seizures and password orders

Police usually enter premises under a search warrant and seize phones, computers and storage devices for forensic examination. Section 465AA of the Crimes Act 1958 (Vic) and section 3LA of the Crimes Act 1914 (Cth) allow police to seek an order from a magistrate or judge requiring you to help unlock a device or provide passwords. If police ask for a password, check whether a formal order has been made and contact a lawyer quickly. Do not delete data or ask anyone else to, as that can amount to a separate offence of perverting the course of justice.

For example: an international student sells access to his bank account on social media, and months later police seize his phone. Whether he knew, or should have suspected, the money came from crime is often the central issue.

Particular risks for international students and temporary visa holders

Cybercrime charges can directly affect a visa. A sentence of 12 months' imprisonment or more is a substantial criminal record under section 501 of the Migration Act; even without imprisonment, offences involving children, sexual conduct or dishonesty can weigh heavily in a character assessment. Bail conditions or custody can also affect class attendance and therefore student visa conditions. The criminal defence and the migration consequences should be assessed together.

Common defence issues

• whether you actually used the account or device, or whether it was shared or compromised;
• whether you had authority, or reasonably believed you did, to access the data;
• whether an image or message was actually distributed, whether there was consent, and community-standards questions;
• whether the search and seizure were lawful and whether the digital evidence is complete and reliable.

How we can help

We can advise before a police interview, deal with search and device seizure issues, review digital evidence, apply for bail, negotiate charges with the prosecution, appear in court and prepare sentencing material, communicating with you and your family in Mandarin, Cantonese or English.

Frequently asked questions

Do I have to give police my phone password?

If a magistrate or judge has made a formal assistance order, failing to comply can be an offence. A request without an order is different. Contact a lawyer immediately to check.

Is it a crime to send an ex-partner's intimate photos to others?

In Victoria, distributing an intimate image of an adult without consent can be an offence carrying up to 3 years' imprisonment, and threatening to do so can also be an offence. If the person is under 18 the consequences are more serious.

Can I be charged for letting someone use my bank account?

Possibly. If the account was used to move scam proceeds, you may be charged with dealing with proceeds of crime. The key question is what you knew or should have suspected.

Will a cybercrime charge affect my student visa?

It can. The sentence may trigger a character assessment, and bail conditions can affect attendance. Assess the criminal and migration consequences together.

Can repeatedly messaging someone online be stalking?

Yes, if there is an intention to cause harm or fear, repeated online contact, monitoring or posting can amount to stalking, which is a serious offence.

If police have contacted you, searched your home or seized your devices, call 03 9602 3988 as soon as possible. Meet us at our Melbourne CBD office (Level 2, 262 Queen Street) or by video, in Mandarin, Cantonese or English.

This article is general information only and is not legal advice.

Reviewed by Justin Chua, Lawyer, Chua Tan Associates | Last updated: October 2026