Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p33
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 33/97)
Character Range: 1692053–1694830

State or Territory.
 (2) Without limiting subsection (1), a provision in this Part to the effect that a person is not criminally responsible for an offence against a provision of this Part in relation to particular conduct does not make the conduct lawful if it would otherwise be unlawful under the Radiocommunications Act 1992.

475.2  Geographical jurisdiction
 (1) Section 15.1 (extended geographical jurisdiction—category A) applies to each offence against this Part (other than Subdivision H of Division 474).
 (2) Section 14.1 (standard geographical jurisdiction) does not apply to an offence against Subdivision H of Division 474.

Part 10.7—Computer offences

Division 476—Preliminary

476.1  Definitions
 (1) In this Part:
access to data held in a computer means:
 (a) the display of the data by the computer or any other output of the data from the computer; or
 (b) the copying or moving of the data to any other place in the computer or to a data storage device; or
 (c) in the case of a program—the execution of the program.
ASIO officer means:
 (a) the Director‑General of Security; or
 (b) an ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979); or
 (c) an ASIO affiliate (within the meaning of that Act).
Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903.
electronic communication means a communication of information in any form by means of guided or unguided electromagnetic energy.
impairment of electronic communication to or from a computer includes:
 (a) the prevention of any such communication; or
 (b) the impairment of any such communication on an electronic link or network used by the computer;
but does not include a mere interception of any such communication.
modification, in respect of data held in a computer, means:
 (a) the alteration or removal of the data; or
 (b) an addition to the data.
unauthorised access, modification or impairment has the meaning given in section 476.2.
 (2) In this Part, a reference to:
 (a) access to data held in a computer; or
 (b) modification of data held in a computer; or
 (c) the impairment of electronic communication to or from a computer;
is limited to such access, modification or impairment caused, whether directly or indirectly, by the execution of a function of a computer.

476.2  Meaning of unauthorised access, modification or impairment
 (1) In this Part:
 (a) access to data held in a computer; or
 (b) modification of data held in a computer; or
 (c) the impairment of electronic communication to or from a computer; or
 (d) the impairment of the reliability, security or operation of any data held on a computer disk, credit card or