s.5Unauthorised modification of computer material
5
Section 5Part 0

Unauthorised modification of computer material

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A person commits an offence if —
he does an act which causes an unauthorised modification of the contents of a computer; and
at the time when he does the act he has the requisite intent and the requisite knowledge.
For the purposes of subsection (1)(b) —
"requisite intent" is the intent to cause a modification to the contents of a computer and by so doing —
to impair the operation of a computer;
to enhance the operation of a computer in order to secure unauthorised access to information in any other computer;
to prevent or hinder access to information held in a computer; or
to impair the operation of such programme or the reliability of any such programme, but the intent need not be directed at a particular computer, particular information or information of any particular kind, or any particular modification or a modification of any particular kind; and
"requisite knowledge" is knowledge that any modification which is intended to be caused is unauthorised.
It is immaterial for the purposes of this section whether an unauthorised modification or any intended effect of it is, or is intended to be, permanent or temporary.
A modification of the contents of a computer shall not be regarded as damaging a computer or computer storage medium unless its effect on that computer or computer storage medium impairs its physical condition.
A person who commits an offence under this section is liable on summary conviction to a fine of $6,000 or to imprisonment for a term of two years, or to both.
Where a person is convicted of committing an offence under subsection (1) and he has caused, during the commission of the offence, damage to a computer or any other damage arising directly from the damage to the computer and the damage exceeds $10,000, he shall be liable on summary conviction to a fine of $20,000 or to imprisonment for a term of five years, or to both.