Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p35
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 35/97)
Character Range: 1697056–1699883

subject to any civil or criminal liability for engaging in conduct inside or outside Australia if:
 (a) the conduct is preparatory to, in support of, or otherwise directly connected with, overseas activities of an agency; and
 (b) the conduct:
 (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 conduct is engaged in in the proper performance of a function of the agency.
 (3) Subsection (2) is not intended to permit any conduct in relation to premises, persons, computers, things, or carriage services in Australia, being:
 (a) conduct which ASIO could not engage in 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 2‑2 of the Telecommunications (Interception and Access) Act 1979; or
 (b) conduct engaged in to obtain information that ASIO could not obtain other than in accordance with Division 3 of Part 4‑1 of the Telecommunications (Interception and Access) Act 1979.
 (4) Subsections (1) and (2) have effect despite anything in a law of the Commonwealth or of a State or Territory, whether passed or made before or after the commencement of this subsection, unless the law expressly provides otherwise.
 (5) Subsection (4) does not affect the operation of subsection (3).

Certificate
 (6) The Inspector‑General of Intelligence and Security may give a certificate in writing certifying any fact relevant to the question of whether conduct was engaged in in the proper performance of a function of an agency.
 (7) In any proceedings, a certificate given under subsection (6) is prima facie evidence of the facts certified.

Notice to Inspector‑General of Intelligence and Security
 (8) If:
 (a) a person engages in conduct referred to in subsection (1) or (2) in relation to an agency; and
 (b) the conduct causes material damage, material interference or material obstruction to a computer (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979) in Australia; and
 (c) apart from this section, the person would commit an offence against this Part;
then the agency head (within the meaning of the Intelligence Services Act 2001) of the agency must, as soon as practicable, give a written notice to the Inspector‑General of Intelligence and Security that:
 (d) informs the Inspector‑General of Intelligence and Security of that fact; and
 (e) provides details about the conduct that caused the damage, interference or obstruction to the computer.
 (9) This section has effect in addition to, and does not limit, section