2.14
Clause 10 of the Bill provides for the offence of computer-related extortion and fraud,
and the applicable penalties for individuals and body corporates.
2.15
Clause 11 of the Bill provides for the offence of child pornography and the applicable
penalties for individuals and body corporates. Clause 11 also outlines what “child
pornography” means as well as provides the additional orders a court may make when
convicting a person for the offence of child pornography.
2.16
Part 4 of the Bill provides for other offences such as identity and telecommunication
services theft.
2.17
Clause 12 of the Bill provides for the offence of identity theft, specifically the unlawful
use of a computer system to intentionally transfer, possess or use a means of
identification of another person with the intent to commit or to aid or abet in an activity
that constitutes an offence. Clause 12 also provides for the penalties for the offence of
identity theft, as applicable to individuals and body corporates.
2.18
Clause 13 of the Bill provides for the offence of theft or telecommunication services,
specifically the unlawful use of a computer system to intentionally transfer, possess or
use the telecommunication services or another person with the intent to commit or to
aid or abet in an activity that constitutes an offence. Clause 13 also provides for the
penalties for the offence of theft of telecommunication services, as applicable to
individuals and body corporates.
2.19
Clause 14 of the Bill provides for the offence of disclosure during an investigation,
specifically the unlawful disclosure during an investigation of an order to maintain
confidentiality, or anything done under such order, or any data collected or recorded
under such order. Clause 14 also provides the penalties for the offence of disclosure
during an investigation, as applicable to individuals and body corporates.
2.20
Clause 15 of the Bill provides for the offence of failure to provide assistance,
specifically the unlawful failure by a person to provide assistance or to assist a person
presenting an order. Clause 15 also provides the penalties for the offence of failure to
provide assistance, as applicable to individuals and body corporates.
2.21
Part 5 of the Bill provides for procedural measures.
2.22
Clause 16 of the Bill provides for the general procedural powers, specifically that all
powers and procedures under the Bill are applicable to and may be exercised with
respect to inter alia any criminal offence established in accordance with the Bill and
any other criminal offence committed by means of a computer system established under
any other written law.
2.23
Clause 17 of the Bill provides for search and seizure powers. A police officer or an
authorised person may apply to a judge or magistrate for a warrant to enter a particular
location to search and seize inter alia a computer or computer program. In addition,
clause 17 provides that a judge or magistrate may issue the warrant, with or without the
assistance of an expert if he or she is satisfied on the evidence and information
presented, that the sought computer program, computer system, device or computer
data may be material as evidence in proving an offence or acquired as a result of an
27