Document ID: chunk:federal_register_of_legislation:C2024A00098:section:35:p2
Version: federal_register_of_legislation:C2024A00098
Segment Type: section
Provision Reference: s 35 (pt 2/2)
Character Range: 64046–64792

9(2)(a) and (b) covers incidents involving critical infrastructure assets or the activities of corporations to which paragraph 51(xx) of the Constitution applies.
 (5) However, subsection (4) does not make an entity liable to a civil penalty under this Part if the incident:
 (a) was not in fact effected by means of a telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution (including, for example, by means of the internet); or
 (b) did not in fact impede or impair the ability of a computer to connect to such a service; or
 (c) did not in fact seriously prejudice:
 (i) the social or economic stability of Australia or its people; or
 (ii) the defence of Australia; or
 (iii) national security.