| (1) |
Any person who unlawfully and intentionally performs an act in respect of— |
which places the person who performed the act or any other person in a position to commit an offence contemplated in subsection (2), section 3(1), 5(1) or 6(1), is guilty of an offence.
| (a) |
Any person who unlawfully and intentionally accesses a computer system or a computer data storage medium, is guilty of an offence. |
| (b) |
For purposes of paragraph (a)— |
| (i) |
a person accesses a computer data storage medium, if the person— |
| (aa) |
uses data or a computer program stored on a computer data storage medium; or |
| (bb) |
stores data or a computer program on a computer data storage medium; and |
| (ii) |
a person accesses a computer system, if the person— |
| (aa) |
uses data or a computer program held in a computer system; |
| (bb) |
stores data or a computer program on a computer data storage medium forming part of the computer system; or |
| (cc) |
instructs, communicates with, or otherwise uses, the computer system. |
| (c) |
For purposes of paragraph (b)— |
| (i) |
a person uses a computer program, if the person— |
| (aa) |
copies or moves the computer program to a different location in the computer system or computer data storage medium in which it is held or to any other computer data storage medium; |
| (bb) |
causes a computer program to perform any function; or |
| (ii) |
a person uses data, if the person— |
| (aa) |
copies or moves the data to a different location in the computer system or computer data storage medium in which it is held or to any other computer data storage medium; or |
National Small Business Act, 1996 (Act 102 of 1996)
