Fraud and related activity in connection with access devices, etc.
236. (1) A person who knowingly or with intention to
defraud—
(a) produces, assembles, uses, imports, sells, supplies or lets
for hire any counterfeit access devices;
(b) possesses any counterfeit access device or unauthorized
access device;
(c) produces, assembles, uses, imports, sells, supplies or lets
for hire, or has control or custody of, or possesses any
device-making equipment; or
(d) produces, assembles, uses, imports, sells, supplies or lets
for hire, or has control or custody of, or possesses—
(i) any equipment, device or apparatus that has been
modified or altered to obtain unauthorized use
of any network service, applications service or
content applications service; or
(ii) hardware or software used for altering or modifying
any equipment, device or apparatus to obtain
unauthorized access to any network service,
applications services or content applications
service,
commits an offence.
(2) A person who without the authorization of the issuer of an
access device, solicits a person for the purpose of—
(a) offering an access device; or
(b) selling information regarding, or an application to obtain,
an access device,
commits an offence.
(3) A person who commits an offence under subsection (1)
or (2) shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not
exceeding five years or to both.
(4) For the purposes of this section—
“counterfeit access device” means any access device that
is counterfeit, fictitious, altered, or forged, or an identifiable
component of an access device or a counterfeit access device;
“device-making equipment” means any equipment, mechanism,
or impression designed or primarily used for making an access
device or a counterfeit access device;
“unauthorized access device” means any access device that is
lost, stolen, expired, revoked, cancelled or obtained with intent
to defraud.
