44—Unlawful operation of computer system
(1) A person who,
without proper authorisation, operates a restricted-access computer system is
guilty of an offence.
(2) The maximum
penalty for an offence against subsection (1) is as follows:
(a) if
the person who committed the offence did so with the intention of obtaining a
benefit from, or causing a detriment to, another—$2 500 or
imprisonment for 6 months;
(b) in
any other case—$2 500.
(3) A computer system
is a restricted-access computer system if—
(a) the
use of a particular code of electronic impulses is necessary in order to
obtain access to information stored in the system or operate the system in
some other way; and
(b) the
person who is entitled to control the use of the computer system has withheld
knowledge of the code, or the means of producing it, from all other persons,
or has taken steps to restrict knowledge of the code, or the means of
producing it, to a particular authorised person or class of authorised
persons.