Act 9
Penal Code Act
2008
“owner”, in relation to a computer or computer network,
means the owner or person entitled to possess or control the
computer or computer network;
“password or pin number” means any combination of
letters, numbers or symbols that belongs or is assigned to a
particular user for the purpose of enabling that user to gain
access to a programme or system which is held in a
computer or computer network;
“programme” means data or a set of instructions which,
when executed in a computer, causes the computer to
perform a function;
“system” means an arrangement of data or one or more
programmes which, when executed, performs a function.
(2) For the purposes of this Chapter, the Minister concerned
may, by notice in a statutory instrument specify as a
computer or exclude from the definition of computer, any
particular device or apparatus.
389. Unauthorised Access to or Use of Computer or Computer
Network.
(1) Whoever, without authority from the owner of the
computer or computer network, intentionally—
(a) gains access to;
(b) destroys or alters;
(c) renders meaningless, useless or ineffective;
(d) copies or transfers; or
(e) obstructs, intercepts, diverts, interrupts or interferes
with the use of;
any data, programme or system which is held in a computer
or computer network commits the offence of unauthorised
access to or use of a computer or computer network
(2) Whoever gains unauthorised access to or use of a computer
or computer network, upon conviction, shall be sentenced
as follows—
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