Electronic
288 [ N o . 2 1 of 2009
and
Communications
Transactions
(4) A person w h o utilises any device or computer program
referred to in subsection (3) in orderto unlawfully overcome security
measures designed to protect such data or access thereto, commits
an offence and is liable, upon conviction, to a fine not exceeding
one hundred thousand penalty units or to imprisonment for a period
not exceeding one year, or to both.
(5) A person w h o commits any act described in this section
with the intent to interfere with access to an information system so
as to constitute a denial, including a partial denial, of service to
legitimate users commits an offence and is liable, upon conviction,
to a fine not exceeding one hundred thousand penalty units or to
imprisonment for a period not exceeding one year, or to both.
(6)
A person w h o —
fa) c o m m u n i c a t e s , d i s c l o s e s o r t r a n s m i t s a n y d a t a ,
information, program, access code or c o m m a n d to any
person not entitled or authorised to access the data,
information, program, code or c o m m a n d ;
(b) introduces or spreads a software code that damages a
computer, computer system or network;
(c) accesses or destroys any files, information, c o m p u t e r
• system or device without authorisation, or for purposes
of concealing information necessary for an investigation
into the commission, or otherwise, of an offence; or
(d) damages, deletes, alters or suppresses any communication
or data without authorisation;
commits an offence and is liable, upon conviction, to a fine not
exceeding two hundred thousand penalty units or to imprisonment
for a period not exceeding t w o years, or to both.
(7) A person w h o knowingly receives data and is not authorised
to receive that data, c o m m i t s an offence and is liable, upon
conviction, to a fine not exceeding t w o hundred thousand penalty
units or to imprisonment for a term not exceeding t w o years, or to
both.
(8) Where an offence under this section is committed in relation
to data that is in a critical database or that is concerned with national
security or the provision of an essential service, the person shall
be liable, upon conviction, to imprisonment for a term o f not less
than fifteen years but not exceeding twenty-five years.