12N  Meaning of unauthorised access, modification or impairment
(1)

For the purposes of this Act:

(a)

access to:

(i)

computer data; or

(ii)

a computer program; or

(b)

modification of:

(i)

computer data; or

(ii)

a computer program; or

(c)

the impairment of electronic communication to or from a computer; or

(d)

the impairment of the availability, reliability, security or operation of:

(i)

a computer; or

(ii)

computer data; or

(iii)

a computer program;

by a person is unauthorised if the person is not entitled to cause that access, modification or impairment.

(1A)

The following is an example of a situation where a person is not entitled to cause access, modification or impairment of a kind mentioned in subsection (1): a person who is an employee or agent of the responsible entity for an asset would exceed the person’s authority as such an employee or agent in causing such access, modification or impairment in relation to the asset.

(2)

For the purposes of subsection (1), it is immaterial whether the person can be identified.

(3)

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 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 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

(iiia)

under an authorisation given under section 31A of the Telecommunications (Interception and Access) 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.