Document ID: chunk:federal_register_of_legislation:C2021C00496:clause:2_113b
Version: federal_register_of_legislation:C2021C00496
Segment Type: clause
Provision Reference: sch 2 cl 113B
Character Range: 279080–280466

113B  At the end of section 64
Add:
 (2) If:
 (a) a person suffers loss or injury as a result of the use of:
 (i) a computer; or
 (ii) a telecommunications facility operated or provided by the Commonwealth or a carrier; or
 (iii) any other electronic equipment; or
 (iv) a data storage device;
  for the purpose of obtaining access to data that is held in the computer; and
 (b) the use of the computer, facility, equipment or device, as the case may be, was by any of the following:
 (i) the Australian Federal Police;
 (ii) the Integrity Commissioner or a staff member of ACLEI;
 (iii) the Australian Crime Commission; and
 (c) the use of the computer, facility, equipment or device, as the case may be, is prohibited by the law of the State or Territory in which the use occurs; and
 (d) the use of the computer, facility, equipment or device, as the case may be, is neither:
 (i) in accordance with this Act; nor
 (ii) in the performance of a function, or the exercise of a power, conferred by a law of the Commonwealth;
the Commonwealth is liable to pay to the person who has suffered the loss or injury:
 (e) such compensation as is agreed on between the Commonwealth and that person; or
 (f) in default of such an agreement—such compensation as is determined by action against the Commonwealth in a court of a State or Territory that has jurisdiction in relation to the matter.