(4) A person who commits an offence under this section is liable on conviction to––
(a) in the case of an individual, a fine not exceeding $50,000 or imprisonment for a
term not exceeding 15 years or both; and
(b) in the case of a body corporate, a fine not exceeding $200,000.
(5) The court before which a person is convicted of an offence under this section may, in
addition to any penalty imposed, order––
(a) the forfeiture of any apparatus, article or thing which is the subject matter of the
offence or is used in connection with the commission of the offence; or
(b) that the material subject matter of the offence no longer be stored on and be made
available through the computer system, or that the material be deleted.
PART 4––OTHER OFFENCES
Identity theft
12. Any person who without lawful authority or reasonable excuse intentionally transfers,
possesses or uses through or by a computer system the identification or means of identification
of another person with intent to commit or to aid or abet, or in connection with any unlawful
activity that constitutes a crime, 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.
Theft of telecommunication services
13. A person who without lawful authority or reasonable excuse uses a computer and
intentionally transfers, possesses or uses the telecommunication services of another person with
the intent to commit or to aid and abet, or in connection with any unlawful activity that
constitutes a crime, 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.
Disclosure during an investigation
14. Any person who without lawful authority or reasonable excuse discloses during an
investigation––
(a) the fact that an order that confidentiality is to be maintained, has been made;
(b) anything done under such an order; or
(c) any data collected or recorded under the order,
commits an offence and is liable on conviction to––
(i) in the case of an individual, a fine not exceeding $10,000 or imprisonment for a term not
exceeding 5 years or both; and
(ii) in the case of a body corporate, a fine not exceeding $50,000.
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