4. Access with intent to commit or facilitate commission of offence.
(1) Any person who causes a computer to perform any function for the purpose of securing access to any program or data held in a computer with intent to commit an offence to which this section applies is guilty of an offence.
(2) This section applies to an offence involving property, fraud, dishonesty or which causes bodily harm and which is punishable on conviction with imprisonment for a term of not less than 2 years.
(3) Any person guilty of an offence under this section is liable on conviction to a fine not exceeding $50,000, imprisonment for a term not exceeding 10 years or both.
(4) For the purposes of this section, it is immaterial whether —
(a) the access referred to in subsection (1) was authorised or unauthorised;
(b) the offence to which this section applies was committed at the same time when the access was secured or at any other time.
