Page 5322 - Week 17 - Thursday, 13 December 1990

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Friday, 14 December 1990

Detail Stage

Clauses 1 to 3, by leave, taken together, and agreed to.

Clause 4

MR CONNOLLY (12.01 am): I will persist and move the amendment circulated in my name. I move:

Page 2, proposed new section 153, lines 18 to 21, omit the proposed new section, substitute the following proposed new section:

"Unlawful access to data in computer

153.(1) A person who, without authority or lawful excuse, intentionally obtains access to a program or data stored in a computer is liable, on conviction, to imprisonment for 6 months.

(2) A person who, with intent -

(a) to defraud any person; or

(b) to obtain for himself or herself or another person any financial advantage of any kind; or

obtains access to a program or data stored in a computer is liable to imprisonment for 2 years.

(3) A person who, without authority or lawful excuse, intentionally obtains access to a program or data stored in a computer, being a program or data that the person knows or ought reasonably to know relates to -

(a) confidential government information in relation to security, defence or inter-governmental relations; or

(b) the existence or identity of any confidential source of information in relation to the enforcement or administration of the law; or

(d) the maintenance or enforcement of any lawful method or procedure for protecting public safety; or

(e) the personal affairs of any person (whether living or deceased); or

(f) trade secrets; or

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