82 No. 13 of 2004]
Computer Misuse and
Crimes
(5) For the purpose of paragraph (d) of subsection (3), the form in
which any program or data is output, and in particular whether or not it
represents a form in which, in the case of a program, it is capable of
being executed or, in the case of data, it is capable of being processed
by a computer, is immaterial.
(6) For the purpose 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.
(7) A reference in this section and Act to a program or data in a
computer includes a reference to any program or data held in any
removable storage medium which is for the time being in the computer;
and a computer is to be regarded as containing any program or data
held in any such medium.
(8) Areference in this Act to a program includes a reference to part
of a program.
(9) For the purpose of this Act—
(a) a program or data held in a computer or in any storage medium
capable of being accessed and printed into readable form
through a computer is a document; and
(b) it is immaterial that access to a program or data held in a
computer is achieved through the use of that or any other
computer or by any other means.
Access with
intent to
commit or
facilitate
commission
of offence
5. (1) A person who knowingly causes a computer to perform any
function for the purpose of securing access to any program or data
held in that computer or in any other computer with intent to commit
or facilitate the commission of an offence involving property, fraud,
dishonesty or which causes bodily harm, commits an offence and is
liable on conviction to a fine not exceeding three hundred thousand
penalty units or to imprisonment for a term npt exceeding seven years,
or to both.
(2) For the purpose of this section, it is immaterial whether—
(a) the access referred to in subsection (1) is authorised or
unauthorised; or
(b) the offence to which this section applies is committed at the
same time when the access is secured or at any other time.
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