e against this Act it shall be a In any proceedings brought against any person for an offenc (4) unded under this section. good defence if that person proves that the offence has been compo (5) This section does not apply to a breach of section. Part XIV— Computer Misuse Interpretation 104. (1) In this Part— l, or other data processing ‘computer! means an electronic, magnetic, optical, electrochemica ming logical, arithmetic, or perfor , device, or a group of such interconnected or related devices ns facility directly icatio or commun storage functions, and includes any data storage facility related to or operating in conjunction with such devices, but does not include a any data storage facility; device or group of such interconnected or related device which is non-programmable or which does not contain sing and the storage or retrieval of data; ‘computer service’ includes computer time, data proces that are being prepared or have ‘data’ means representations of facts, information or of concepts been prepared in a form suitable for processing in a computer; t consideration; distribute’ means transfer possession of, with or withou storage and retrieval and ‘function! includes logic, control, arithmetic, deletion, communications to, from or within a computer, ng to or recording a function of ‘intercept’, in relation to a function of a computer, includes listeni er; of a function of a comput a computer, or acquiring the substance, meaning or purport content; ‘knowingly' means being aware of the character of the 'matter'— a) ription, printed or written means any recording, pictorial representation, figure, transc article, al, electrical, or electronic reproduction, or other material, mechanical, chemic not limited to any book, equipment, machine, or material, and includes but is picture, statue, film, motion magazine, newspaper, picture, drawing, photograph, computer hardware, disc, laser filmstrip, negative, slide, photocopy, videotape, video m, CD-ROM, computer software, computer floppy disc, data storage mediu equipment, and computer-generated image, or computer-generated itted, disseminated, or b) includes any live or recorded telephone message if transm distributed as part of a commercial transaction; ‘minor? means a person under 16 years of age; ‘obscene matter’— i standards, appeals to the a) means matter which, applying contemporary Kiribat way, or describes sexual conduct in a patently offensive prurient interest, depicts 46

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