Section 33, 2 The Cyber Security qnd Crine Act 2021

(l) A person, including a corporation, partnership, orassociation, who intentionally and without authorisation causes a computer system !o perform a function with inlent to secue access to the whole or a part ofa computer system or to enable such access to be secured other than to secure and protect the integrity oldigital communications or for unlawful purposes, commits an offence and is liableupon conviction to fine not less than Le 100,000,000 and not more than k 250,000,000 orto a term ofimprisonment not less than 2 years and [ot exceeding 5 years or to both such fine and imprisonment and in the case of a corporation, partnership, or association, to a fine nol less than Le500,000,000 and not exceeding t€ 1,000,000,m0. (2) For the purposes of this section, a pe6on secures access to computer data stored in a computer system ifby causing a computer system to perform a function he- (a) alters or erases computer data; or (b) copies, transferc or moves computer data to (i) a computer system or computer data storage medium other than that in which it is stored; or (0 a different location in the same computer system or computer data storage medium in u,hich it is stored; (c) has the computer data output from the computer system in which it is held, whether by having it disptayed or in any other manner; No. 7 The Cyber Security and Ctime Act 2 021 49 (d) uses the computer data. (3) For the purposes of this section, "unauthorised'i means access of any kind, to a computer system, program or data, by a person who has been authorised to access a specific data in a computer syslem and without lawful excuse, whether t€mporary or not, cause a computer system to perform a function other than those authorised, with intent to secure access to the whole or a part of a computer system or to enable such access to be secured, (4) The absence ofauthority to secure access to the whole or any part of a computer system under subsection (l) includes instances where there may exist general authority to access a computer system but a specific type, nature or method ofaccess may not be authorised. (5) For the purposes of this section intention or recklessness needs not relate to- (a) a particular computer system; O) a particular program or data; or ' (c) a progam or data ofany panicular kind. .(O A person shall be deemed to have contravened subsection (l> (a) in the absence of proof that the accused has the requisite knowledge to access the computet program or data; (b) notwithsta-nding rhe tact that committing the offence is impossible; (c) in the absence of a program or data of any panicular kind.