Document ID: chunk:federal_register_of_legislation:C2021A00124:clause:2_6:p2
Version: federal_register_of_legislation:C2021A00124
Segment Type: clause
Provision Reference: sch 2 cl 6 (pt 2/2)
Character Range: 157727–159773

If:
 (a) a person engages in conduct referred to in subsection (1) or (2) in relation to ASD; and
 (b) the conduct causes material damage, material interference or material obstruction to a computer (within the meaning of section 22 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 ASD 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 14 of the Intelligence Services Act 2001.

Definitions
 (10) In this section:
ASD means the Australian Signals Directorate.
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.
staff member, in relation to ASD, means:
 (a) the Director‑General of ASD; or
 (b) a member of the staff of ASD (whether an employee of ASD, a consultant or contractor to ASD, or a person who is made available by another Commonwealth or State authority or other person to perform services for ASD).