170 No. 15 of 2009]

Information and Communication
Technologies

(2) A person who and without lawful authority
causes an electronic communications network or service
to perform any function for the purpose of securing
access to any program or data held in that electronic
communications network or electronic communications
service or any other electronic communications network
or electronic communications service;
causes an electronic communications network or service
to perform any function for the purpose of securing
access to any program or data held in that electronic
communications network or electronic communications
service or any other electronic communications network
or electronic communications service with intent to
commit or facilitate the commission of an offence
involving property, fraud, dishonesty or which causes
bodily harm;
does a direct or indirect act which the person knows will
cause unauthorised modification of any program or data
held in an electronic communications network or
electronic communications service or any other
electronic communications network or electronic
communications service;
secures access to an electronic communications network
or electronic communications service, or obstructs or
intercepts or causes to be intercepted directly or
indirectly any function of an electronic communications
network or electronic communications service;
discloses any password, access code or other means of
gaining access to any electronic communications
network or electronic communications service; or
with requisite knowledge and intent engages in conduct
which causes an electronic communications network
or electronic communications service to cease to
function permanently or temporarily;
commits an offence and is liable, upon conviction, to a fine not
exceeding two million penalty units or to imprisonment for a period
not exceeding fifteen years, or to both.
(3) A person who removes, destroys or damages, whether
wilfully, negligently, accidentally or otherwise, the installation or
plant used for electronic communications services shall, in addition
to any penalty for which the person is liable for an offence under
this Act, be liable to pay compensation for the damage done and
the compensation shall be recoverable by civil action or suit before
any court of competent jurisdiction.

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