10CMeaning of unauthorised access, modification or impairment

#### 10C 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. > Note: For example, a person who is an employee or agent of a maritime industry participant is not entitled to cause access, modification or impairment of a kind mentioned in this subsection if causing such access, modification or impairment would exceed the person’s authority as such an employee or agent. (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 (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.