Page:Computer Misuse Act 1993.pdf/7

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COMPUTER MISUSE

7



PART II
OFFENCES

Unauthorised access to computer material

3.—(1) Subject to subsection (2), any person who knowingly causes a computer to perform any function for the purpose of securing access without authority to any program or data held in any computer shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 2 years or to both.

(2) If any damage caused by an offence under this section exceeds $10,000, a person convicted of the offence shall be liable to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both.

(3) For the purposes of this section, it is immaterial that the act in question is not directed at—

(a) any particular program or data;
(b) a program or data of any kind; or
(c) a program or data held in any particular computer.

Unauthorised access with intent to commit or facilitate commission of further offences

4.—(1) Any person who causes a computer to perform any function for the purpose of securing access without authority to any program or data held in any computer with intent to commit an offence to which this section applies shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 10 years or to both.

(2) This section shall apply to offences involving property, fraud, dishonesty or which causes bodily harm punishable on conviction with imprisonment for a term of 2 years or more.

(3) For the purposes of this section, it is immaterial whether the offence to which this section applies is to be committed at the same time when the unauthorised access is secured or on any future occasion.