s 10 Obtaining, etc., items for use in certain offences
10.—(1) A person shall be guilty of an offence if the person —(a) obtains or retains any item to which this section applies —(i) intending to use it to commit, or facilitate the commission of, an offence under section 3, 4, 5, 6 or 7; or (ii) with a view to it being supplied or made available, by any means for use in committing, or in facilitating the commission of, any of those offences; or (b) makes, supplies, offers to supply or makes available, by any means any item to which this section applies, intending it to be used to commit, or facilitate the commission of, an offence under section 3, 4, 5, 6 or 7.[22/2017] (2) This section applies to the following items:(a) any device, including a computer program, that is designed or adapted primarily, or is capable of being used, for the purpose of committing an offence under section 3, 4, 5, 6 or 7; (b) a password, an access code, or similar data by which the whole or any part of a computer is capable of being accessed.[22/2017] (3) A person guilty of an offence under subsection (1) shall be liable on conviction —(a) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and (b) in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both.[8B [22/2017]