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. 26

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