82 No. 13 of 2004] Computer Misuse and Crimes (5) For the purpose of paragraph (d) of subsection (3), 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) For the purpose of this section, it is immaterial 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. (7) A reference in this section and Act to a program or data in a computer includes a reference to any program or data held in any removable storage medium which is for the time being in the computer; and a computer is to be regarded as containing any program or data held in any such medium. (8) Areference in this Act to a program includes a reference to part of a program. (9) For the purpose of this Act— (a) a program or data held in a computer or in any storage medium capable of being accessed and printed into readable form through a computer is a document; and (b) it is immaterial that access to a program or data held in a computer is achieved through the use of that or any other computer or by any other means. Access with intent to commit or facilitate commission of offence 5. (1) A person who knowingly 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 with intent to commit or facilitate the commission of an offence involving property, fraud, dishonesty or which causes bodily harm, commits an offence and is liable on conviction to a fine not exceeding three hundred thousand penalty units or to imprisonment for a term npt exceeding seven years, or to both. (2) For the purpose of this section, it is immaterial whether— (a) the access referred to in subsection (1) is authorised or unauthorised; or (b) the offence to which this section applies is committed at the same time when the access is secured or at any other time. i

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