3. Unauthorised access to computer material

Subject to subsection (2), any person who knowingly causes a computer to perform any function for the purpose of securing access without authority to any program or data held in any computer is guilty of an offence and liable on conviction to a fine not exceeding $5,000, imprisonment for a term not exceeding 2 years or both and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000, imprisonment for a term not exceeding 3 years or both.

If any damage is caused as a result of an offence under this section, the person convicted of the offence is liable to a fine not exceeding

For the purposes of this section, it is immaterial that the act in question was not directed at —