| (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 |
