Criminal Code Act 1995
Section 3
CHAPTER 10 - NATIONAL INFRASTRUCTURE Part 10.7 - Computer offences Division 476 - Preliminary SECTION 476.5 476.5 Liability for certain acts - ASIS and AGO(Repealed by No 31 of 2022)
View history note
Hide history noteS 476.5 repealed by No 31 of 2022, s 3 and Sch 9 item 2, applicable in relation to conduct engaged in after 2 April 2022. S 476.5 formerly read:
S 476.5(1) amended by No 124 of 2021, s 3 and Sch 2 item 3, by substituting
"
ASIS or AGO
"
for
"
ASIS, AGO or ASD
"
, applicable in relation to conduct engaged in after 3 December 2021. S 476.5(1) amended by No 108 of 2014, s 3 and Sch 7 item 97, by substituting
"
AGO or ASD
"
for
"
DIGO or DSD
"
, effective 3 October 2014. For transitional provisions see note under definition of
"
intelligence or security officer
"
. S 476.5(1) amended by No 144 of 2005, s 3 and Sch 8 item 9, by inserting
"
, DIGO
"
after
"
ASIS
"
, effective 15 December 2005. S 476.5(2A) amended by No 177 of 2007, s 3 and Sch 1 Pt 2 item 14, by substituting
"
Division 3 of Part 4-1 of the
Telecommunications (Interception and Access) Act 1979
"
for
"
section 283 of the
Telecommunications Act 1997
"
in para (b), effective 1 November 2007. S 476.5(2A) amended by No 40 of 2006, s 3 and Sch 1 item 19, by substituting
"
Part 2-2 of the
Telecommunications (Interception and Access) Act 1979
"
for
"
Telecommunications (Interception) Act 1979
"
in para (a), effective 3 November 2006. S 476.5(2A) amended by No 127 of 2004, s 3 and Sch 1 item 12, by substituting
"
carriage services
"
for
"
telecommunications services
"
, effective 1 March 2005. S 476.5(2AA) inserted by No 80 of 2011, s 3 and Sch 1 item 19, effective 26 July 2011. S 476.5(2AB) inserted by No 80 of 2011, s 3 and Sch 1 item 19, effective 26 July 2011.
AGO
Definition of
"
AGO
"
inserted by No 108 of 2014, s 3 and Sch 7 item 98, effective 3 October 2014. For transitional provisions see note under definition of
"
intelligence or security officer
"
.
SECTION 476.5 Liability for certain acts
-
ASIS and AGO
(1)
A staff member or agent of ASIS or AGO (the
agency
) is not subject to any civil or criminal liability for any computer-related act done outside Australia if the act is done in the proper performance of a function of the agency.
(2)
A person is not subject to any civil or criminal liability for any act done inside Australia if:
(a)
the act is preparatory to, in support of, or otherwise directly connected with, overseas activities of the agency concerned; and
(b)
the act:
(i)
taken together with a computer-related act, event, circumstance or result that took place, or was intended to take place, outside Australia, could amount to an offence; but
(ii)
in the absence of that computer-related act, event, circumstance or result, would not amount to an offence; and
(c)
the act is done in the proper performance of a function of the agency.
(2A)
Subsection (2) is not intended to permit any act in relation to premises, persons, computers, things, or carriage services in Australia, being:
(a)
an act that ASIO could not do without a Minister authorising it by warrant issued under Division 2 of Part III of the
Australian Security Intelligence Organisation Act 1979
or under Part 2-2 of the
Telecommunications (Interception and Access) Act 1979
; or
(b)
an act to obtain information that ASIO could not obtain other than in accordance with Division 3 of Part 4-1 of the
Telecommunications (Interception and Access) Act 1979
.
(2AA)
Subsections (1) and (2) have effect despite anything in a law of the Commonwealth or of a State or Territory, whether passed or made before or after the commencement of this subsection, unless the law expressly provides otherwise.
(2AB)
Subsection (2AA) does not affect the operation of subsection (2A).
(2B)
The Inspector-General of Intelligence and Security may give a certificate in writing certifying any fact relevant to the question of whether an act was done in the proper performance of a function of an agency.
(2C)
In any proceedings, a certificate given under subsection (2B) is prima facie evidence of the facts certified.
(3)
In this section:
means that part of the Defence Department known as the Australian Geospatial-Intelligence Organisation.
ASD
(Repealed by No 124 of 2021)
Definition of " ASD " repealed by No 124 of 2021, s 3 and Sch 2 item 4, applicable in relation to conduct engaged in after 3 December 2021. The definition formerly read:
ASD
means the Australian Signals Directorate.
Definition of " ASD " amended by No 25 of 2018, s 3 and Sch 1 item 57, by omitting " that part of the Defence Department known as " before " the Australian Signals " , effective 1 July 2018.
Definition of " ASD " inserted by No 108 of 2014, s 3 and Sch 7 item 98, effective 3 October 2014. For transitional provisions see note under definition of " intelligence or security officer " .
ASIS
means the Australian Secret Intelligence Service.
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.
DIGO
(Repealed by No 108 of 2014)
Definition of " DIGO " repealed by No 108 of 2014, s 3 and Sch 7 item 99, effective 3 October 2014. For transitional provisions see note under definition of " intelligence or security officer " . The definition formerly read:
DIGO
means that part of the Defence Department known as the Defence Imagery and Geospatial Organisation.
Definition of " DIGO " amended by No 5 of 2011, s 3 and Sch 6 item 31, by substituting " Defence Department " for " Department of Defence " , effective 19 April 2011.
Definition of " DIGO " inserted by No 144 of 2005, s 3 and Sch 8 item 10, effective 15 December 2005.
DSD
(Repealed by No 108 of 2014)
Definition of " DSD " repealed by No 108 of 2014, s 3 and Sch 7 item 100, effective 3 October 2014. For transitional provisions see note under definition of " intelligence or security officer " . The definition formerly read:
DSD
means that part of the Defence Department known as the Defence Signals Directorate.
Definition of " DSD " amended by No 5 of 2011, s 3 and Sch 6 item 32, by substituting " Defence Department " for " Department of Defence " , effective 19 April 2011.
staff member
means:
(a) in relation to ASIS - the Director-General of ASIS or a member of the staff of ASIS (whether an employee of ASIS, a consultant or contractor to ASIS, or a person who is made available by another Commonwealth or State authority or other person to perform services for ASIS); and
(b) (Repealed by No 124 of 2021)
(c) in relation to AGO - the Director of AGO or a member of the staff of AGO (whether an employee of AGO, a consultant or contractor to AGO, or a person who is made available by another Commonwealth or State authority or other person to perform services for AGO).
Definition of " staff member " amended by No 124 of 2021, s 3 and Sch 2 item 5, by repealing para (b), applicable in relation to conduct engaged in after 3 December 2021. Para (b) formerly read:
(b) in relation to ASD - the Director-General of ASD or 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); and
Definition of " staff member " amended by No 25 of 2018, s 3 and Sch 1 item 58, by substituting " Director-General of ASD " for " Director of ASD " in para (b), effective 1 July 2018.
Definition of " staff member " amended by No 108 of 2014, s 3 and Sch 7 items 101 and 102, by substituting " ASD " for " DSD " wherever occurring in para (b) and " AGO " for " DIGO " wherever occurring in para (c), effective 3 October 2014. For transitional provisions see note under definition of " intelligence or security officer " .
Definition of " staff member " amended by No 144 of 2005, s 3 and Sch 8 items 11 and 12, by inserting " or contractor " after " consultant " in paras (a) and (b) and inserting para (c), effective 15 December 2005.
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