Document ID: chunk:federal_register_of_legislation:C2004C01213:clause:1_4:p2
Version: federal_register_of_legislation:C2004C01213
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 2/7)
Character Range: 4950–7701

held on a computer disk, credit card or other device used to store data by electronic means;
by a person is unauthorised if the person is not entitled to cause that access, modification or impairment.

 (2) Any such access, modification or impairment caused by the person is not unauthorised merely because he or she has an ulterior purpose for causing it.

 (3) For the purposes of an offence under this Part, a person causes any such unauthorised access, modification or impairment if the person's conduct substantially contributes to it.

 (4) For the purposes of subsection (1), if:
 (a) a person causes any access, modification or impairment of a kind mentioned in that subsection; and
 (b) the person does so under a warrant issued under the law of the Commonwealth, a State or a Territory;
the person is entitled to cause that access, modification or impairment.

476.3  Geographical jurisdiction

  Section 15.1 (extended geographical jurisdiction—Category A) applies to offences under this Part.

476.4  Saving of other laws

 (1) This Part is not intended to exclude or limit the operation of any other law of the Commonwealth, a State or a Territory.

 (2) Subsection (1) has effect subject to section 476.5.

476.5  Liability for certain acts

 (1) A staff member or agent of ASIS or DSD (the agency) is not subject to any civil or criminal liability for any computer‑related act done outside Australia if the act is done in the proper performance of a function of the agency.

 (2) A person is not subject to any civil or criminal liability for any act done inside Australia if:
 (a) the act is preparatory to, in support of, or otherwise directly connected with, overseas activities of the agency concerned; and
 (b) the act:
 (i) taken together with a computer‑related act, event, circumstance or result that took place, or was intended to take place, outside Australia, could amount to an offence; but
 (ii) in the absence of that computer‑related act, event, circumstance or result, would not amount to an offence; and
 (c) the act is done in the proper performance of a function of the agency.

 (2A) Subsection (2) is not intended to permit any act in relation to premises, persons, computers, things, or telecommunications services in Australia, being:
 (a) an act that ASIO could not do without a Minister authorising it by warrant issued under Division 2 of Part III of the Australian Security Intelligence Organisation Act 1979 or under Part III of the Telecommunications (Interception) Act 1979; or
 (b) an act to obtain information that ASIO could not obtain other than in accordance with section 283 of the Telecommunications Act 1997.

 (2B) The Inspector‑General of Intelligence and Security may give a certificate in