(b) the liability of a person to be tried or punished for an offence under any other written
law relating to the jurisdiction of any court in respect of acts done beyond the
ordinary jurisdiction of the court;
(c) the power of any court to punish a person for contempt of the court;
(d) the liability or trial of a person, or the punishment of a person under any sentence
passed or to be passed, in respect of any act done or commenced before the
commencement of this Act;
(e) any lawful power to grant any pardon or to remit or commute in whole or in part or
to respite the execution of any sentence passed or to be passed; or
(f) any written law for a disciplined force.
(2) If a person performs an act which is punishable both under this Act and any other written
law, the person may only be punished under only one such written law.
PART 2––OFFENCES AGAINST THE CONFIDENTIALITY, INTEGRITY AND
AVAILABILITY OF COMPUTER DATA AND COMPUTER SYSTEMS
Unauthorised access to computer systems
5.––(1) Subject to subsection (5), a person who intentionally and without lawful authority
or reasonable excuse causes a computer system to perform a function to secure access and
knows that the access the person intends to secure is unauthorised, commits an offence and is
liable on conviction to––
(a) in the case of an individual, a fine not exceeding $10,000 or imprisonment for a
term not exceeding 5 years or both; and
(b) in the case of a body corporate, a fine not exceeding $50,000.
(2) A person secures access to a computer system if the person instructs, communicates
with, stores data on, retrieves data from, or otherwise makes use of any resource of, the
computer system.
(3) A person’s access to a computer system is unauthorised if the person––
(a) is not entitled to control access of the kind in question; or
(b) does not have the consent of any person who
to have access of the kind in question.
is
so
entitled
(4) It is immaterial that the unauthorised access is not directed at––
(a) any particular computer data; or
(b) computer data held in any particular computer system.
(5) It is a defence if the person under subsection (1) if the person is permitted or required
by a court of law or under any other written law to obtain information or take possession of
any document or thing.
Unauthorised interception of computer data or computer systems
6.––(1) Subject to subsection (5), a person who intentionally and without lawful authority
or reasonable excuse intercepts or causes to be intercepted, directly or indirectly, any computer
data or computer system, commits an offence and is liable on conviction to––
5