Part II - Offences 3. (1) A person who knowingly and without authority causes a computer to perform any function for the purpose of securing access to any program or data held in that computer or in any other computer commits an offence and is liable on summary conviction to a fine of fifteen thousand dollars and to imprisonment for two years or to both and, in the case of a second or subsequent conviction, to a fine of thirty thousand dollars and to imprisonment for three years or to both. Unauthorised access to computer program or data (2) For the purposes of this section, it is not material that the act in question is not directed at (a) any particular program or data; (b) a program or data of any kind ; or (c) a program or data held in any particular computer. (3) For the purpose of this section, a person secures or gains access to any program or data held in a computer if by causing the computer to perform any function he (a) alters or erases the program or data; (b) copies or moves it to any storage medium other than that in which it is held or to a different location in the storage medium in which it is held; (c) uses it; or (d) causes it to be output from the computer in which it is held, whether by having it displayed or in any other manner, and references to access to a program or data and to an intent to secure such access shall be read accordingly. (4) For the purposes of subsection (3)(c), a person uses a program if the function he causes the computer to perform (a) causes the program to be executed; or (b) is itself a function of the program. (5) For the purposes of subsection (3)(d), the form in which any program or data is output, and in particular whether or not it represents a form in which, in the case of a program, it is capable of being executed or, in the case of data, it is capable of being processed by a computer, is immaterial. 6