Electronic 288 [ N o . 2 1 of 2009 and Communications Transactions (4) A person w h o utilises any device or computer program referred to in subsection (3) in orderto unlawfully overcome security measures designed to protect such data or access thereto, commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a period not exceeding one year, or to both. (5) A person w h o commits any act described in this section with the intent to interfere with access to an information system so as to constitute a denial, including a partial denial, of service to legitimate users commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a period not exceeding one year, or to both. (6) A person w h o — fa) c o m m u n i c a t e s , d i s c l o s e s o r t r a n s m i t s a n y d a t a , information, program, access code or c o m m a n d to any person not entitled or authorised to access the data, information, program, code or c o m m a n d ; (b) introduces or spreads a software code that damages a computer, computer system or network; (c) accesses or destroys any files, information, c o m p u t e r • system or device without authorisation, or for purposes of concealing information necessary for an investigation into the commission, or otherwise, of an offence; or (d) damages, deletes, alters or suppresses any communication or data without authorisation; commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding t w o years, or to both. (7) A person w h o knowingly receives data and is not authorised to receive that data, c o m m i t s an offence and is liable, upon conviction, to a fine not exceeding t w o hundred thousand penalty units or to imprisonment for a term not exceeding t w o years, or to both. (8) Where an offence under this section is committed in relation to data that is in a critical database or that is concerned with national security or the provision of an essential service, the person shall be liable, upon conviction, to imprisonment for a term o f not less than fifteen years but not exceeding twenty-five years.

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