Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p34
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 34/97)
Character Range: 1694599–1697304

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 other device used to store data by electronic means;
by a person is unauthorised if the person is not entitled to cause that access, modification or impairment.
 (2) Any such access, modification or impairment caused by the person is not unauthorised merely because he or she has an ulterior purpose for causing it.
 (3) For the purposes of an offence under this Part, a person causes any such unauthorised access, modification or impairment if the person's conduct substantially contributes to it.
 (4) For the purposes of 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 the 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 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 that Act; 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.

476.3  Geographical jurisdiction
  Section 15.1 (extended geographical jurisdiction—Category A) applies to offences under this Part.

476.4  Saving of other laws
 (1) This Part is not intended to exclude or limit the operation of any other law of the Commonwealth, a State or a Territory.
 (2) Subsection (1) has effect subject to section 476.6.

476.6  Liability for certain acts—ASIS, ASD or AGO
 (1) A staff member or agent of an agency (within the meaning of subsection (10)) is not subject to any civil or criminal liability for engaging in conduct inside or outside Australia if:
 (a) the conduct is engaged in on the reasonable belief that it is likely to cause a computer‑related act, event, circumstance or result to take place outside Australia (whether or not it in fact takes place outside Australia); and
 (b) the conduct is engaged in in the proper performance of a function of the agency.
 (2) A person is not 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)