5Interpretation

5 Interpretation

Note 1: A number of expressions used in this instrument are defined in section 7 of the Act, including the following:

(a) carriage service;

(b) carriage service provider;

(c) carrier;

(d) carrier licence;

(e) facility;

(f) listed carriage service;

(g) telecommunications network.

Note 2: The expressions ‘Governor’, ‘Minister’, ‘SES employee’, ‘State’ and ‘Territory’ are defined in section 2B of the Acts Interpretation Act 1901, which applies to this instrument because of section 13 of the Legislation Act 2003.

(1) In this instrument:

Act means the Telecommunications Act 1997.

approved form means a form approved by the Home Affairs Secretary for the purposes of this instrument.

asset, of a carrier:

(a) means a tangible asset (excluding customer premises equipment), that is:
(i) owned or operated by a carrier; and
(ii) used to supply a carriage service; and
(b) without limitation to paragraph (a), includes the following to the extent that they are used for the supply of a carriage service:
(i) a component of a telecommunications network;
(ii) a telecommunications network;
(iii) a facility;
(iv) computers;
(v) computer devices;
(vi) computer programs;
(vii) computer data.

authorised ASD officer means either:

(a) the Director‑General of the Australian Signals Directorate (ASD); or
(b) an SES employee of ASD nominated in writing by the Director‑General of ASD to give or receive notices for the purposes of this instrument.

cloud service means any service supplied by a person that provides computing and other information technology services to users on demand over the internet.

cyber security incident means one or more acts, events or circumstances involving any of the following:

(a) unauthorised access to either a computer data or a computer program;
(b) unauthorised modification of computer data or a computer program;
(c) unauthorised impairment of electronic communication to or from a computer;
(d) unauthorised impairment of the availability, reliability, security or operation of any of the following:
(i) a computer;
(ii) computer data;
(iii) a computer program;
(e) unauthorised impairment of an asset operated for the supply of a carriage service by a carrier.

direct interest holder, in respect of an asset owned or operated by a carrier, has the meaning given by section 9.