2.4
Clause 2 of the Bill provides for the definitions of the terms used in the Bill.
2.5
Clause 3 of the Bill provides for the application of the provisions. If passed by
Parliament, the new legislation will apply to inter alia a person present in the territory
of Fiji when extradition of the person is not possible, solely on the basis of the person’s
nationality.
2.6
Clause 4 of the Bill provides for the savings of certain laws. For instance, clause 4 of
the Bill provides unless otherwise provided in the Bill or any other written law, nothing
in the Bill affects inter alia the liability, trial or punishment of a person for an offence
under any other written law. In addition, clause 4 provides that if a person performs an
act which is punishable both under the Bill and any other written law, the person may
only be punished under one such applicable written law.
2.7
Part 2 of the Bill provides for offences against the confidentiality, integrity and
availability of computer data and computer systems.
2.8
Clause 5 of the Bill provides for the offence of unauthorised access to computer systems
and the applicable penalties for individuals and body corporates. Clause 5 also outlines
what “securing access to a computer system” means and the circumstances in which
such access is unauthorised. In addition, clause 5 provides that in terms of the offence
of unauthorised access to computer systems, it is a defence if a person is acting in
reliance of any statutory power for the purpose of inter alia obtaining information.
2.9
Clause 6 of the Bill provides for the offence of unauthorised interception of computer
data or computer systems and the applicable penalties for individuals and body
corporates. Clause 6 also outlines what “an act of interception of any computer data to,
from and within a computer system” means. In addition, clause 6 provides that in terms
of the offence of unauthorised interception of computer data, it is a defence if a person
has the express consent of the person who sent the computer data and the intended
recipient of the computer data, or if a person is acting in reliance of an authorisation
under a court order or any statutory power.
2.10
Clause 7 of the Bill provides for the offence of unauthorised acts in relation to a
computer system or computer data and the applicable penalties for individuals and body
corporates. Clause 7 also outlines what “illegal data interference” means and the
circumstances in which an act performed in relation to a computer system is
unauthorised.
2.11
Clause 8 of the Bill provides for the offence of unlawful supply or possession of a
computer system or other device, or computer data and the applicable penalties for
individuals and body corporates. Clause 8 also outlines what “possession of any
computer data” means.
2.12
Part 3 of the Bill provides for computer-related and content-related offences.
2.13
Clause 9 of the Bill provides for the offence of computer-related forgery and the
applicable penalties for individuals and body corporates.
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