(a) the security, defence or international relations of the State;
(b) the existence or identity of a confidential source of information relating to
the enforcement of a criminal law;
(c) the provision of services directly related to communications infrastructure,
banking and financial services, public utilities, public transportation or
public key infrastructure; or
(d) the protection of public safety and public health, including systems related
to essential emergency services such as police, civil defence and medical
services.
(3)
For the purposes of any prosecution under this section, it shall be
presumed, until the contrary is proved, that the accused has the requisite knowledge
referred to in subsection (2) if there is, in respect of the computer or program or data, an
electronic or other warning exhibited to the accused stating that unauthorised access to
that computer or program or data attracts an enhanced penalty under this section.
10.
(1)
A person who receives or is given access to any program or data held in a
computer who is not authorised to receive or have access to that program or data, from
another person and he knows that that person has obtained that program or data through
authorised or unauthorised means 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.
Unauthorised
receiving or
giving access to
computer
program or data
(2)
A person who has obtained any program or data held in a computer
through authorised means and gives that program or data to another person who he knows
is not authorised to receive or have access to that program or data 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.
11.
(1)
A person who engages in conduct, including in introducing any computer
contaminant into any computer, computer system, or computer network, which causes a
computer or such system or network to cease to function permanently or temporarily and
at the time he engages in that conduct he has (a) knowledge that the conduct is unauthorised;
(b) the requisite knowledge; and
(c) the requisite intent,
commits an offence and is liable on summary conviction to a fine of fifty thousand
dollars and to imprisonment for ten years or to both.
(2) For the purposes of subsection (1) -
10
Causing a
computer to cease
to function