Document ID: chunk:federal_register_of_legislation:F2024C00121:reg:6
Version: federal_register_of_legislation:F2024C00121
Segment Type: reg
Provision Reference: reg 6
Character Range: 8261–9758

6  Specific definition—Meaning of unauthorised access, modification or impairment
        (1) For the purposes of the definition of cyber security incident, access, modification or impairment is unauthorised if the person causing the access, modification or impairment is not entitled to do so.
        (2) For the purposes of subsection (1), it is immaterial whether the person can be identified.
        (3) For the purposes of, and without limitation to, 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:
            (i) under a warrant issued under a law of the Commonwealth, a State or a Territory; or
            (ii) under an emergency authorisation given to the person under Part 3 of the Surveillance Devices Act 2004, under section 31A of the Telecommunications (Interception and Access) Act 1979, or under a law of a State or Territory that makes provision to similar effect; or
            (iii) under a tracking device authorisation given to the person under section 39 of the Surveillance Devices Act 2004 or section 26G of the Australian Security Intelligence Organisation Act 1979; or
            (iv) in accordance with a technical assistance request; or
            (v) in compliance with a technical assistance notice; or
            (vi) in compliance with a technical capability notice;
the person is entitled to cause that access, modification or impairment.