Document ID: chunk:federal_register_of_legislation:C2004C01213:clause:1_4:p3
Version: federal_register_of_legislation:C2004C01213
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 3/7)
Character Range: 7432–10209

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 writing certifying any fact relevant to the question of whether an act was done in the proper performance of a function of an agency.

 (2C) In any proceedings, a certificate given under subsection (2B) is prima facie evidence of the facts certified.

 (3) In this section:

ASIS means the Australian Secret Intelligence Service.

civil or criminal liability means any civil or criminal liability (whether under this Part, under another law or otherwise).

computer‑related act, event, circumstance or result means an act, event, circumstance or result involving:
 (a) the reliability, security or operation of a computer; or
 (b) access to, or modification of, data held in a computer or on a data storage device; or
 (c) electronic communication to or from a computer; or
 (d) the reliability, security or operation of any data held in or on a computer, computer disk, credit card, or other data storage device; or
 (e) possession or control of data held in a computer or on a data storage device; or
 (f) producing, supplying or obtaining data held in a computer or on a data storage device.

DSD means that part of the Department of Defence known as the Defence Signals Directorate.

staff member means:
 (a) in relation to ASIS—the Director‑General of ASIS or a member of the staff of ASIS (whether an employee of ASIS, a consultant to ASIS, or a person who is made available by another Commonwealth or State authority or other person to perform services for ASIS); and
 (b) in relation to DSD—the Director of DSD or a member of the staff of DSD (whether an employee of DSD, a consultant to DSD, or a person who is made available by another Commonwealth or State authority or other person to perform services for DSD).

Division 477—Serious computer offences

477.1  Unauthorised access, modification or impairment with intent to commit a serious offence

Intention to commit a serious Commonwealth, State or Territory offence

 (1) A person is guilty of an offence if:
 (a) the person causes:
 (i) any unauthorised access to data held in a computer; or
 (ii) any unauthorised modification of data held in a computer; or
 (iii) any unauthorised impairment of electronic communication to or from a computer; and
 (b) the unauthorised access, modification or impairment is caused by means of a telecommunications service; and
 (c) the person knows the access, modification or impairment is unauthorised; and
 (d) the person intends to commit, or facilitate the commission of, a serious offence against