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COMMONWEALTHAct
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s 9

Meaning of cyber security incident

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Part 1Preliminary

9 Meaning of cyber security incident

(1)

A cyber security incident is one or more acts, events or circumstances:

(a)

of a kind covered by the meaning of cyber security incident in the Security of Critical Infrastructure Act 2018; or

(b)

involving unauthorised impairment of electronic communication to or from a computer, within the meaning of that phrase in that Act, but as if that phrase did not exclude the mere interception of any such communication.

(2)

However, an incident is only a cyber security incident for the purposes of this Act if:

(a)

the incident involves a critical infrastructure asset; or

(b)

the incident involves the activities of an entity that is a corporation to which paragraph 51(xx) of the Constitution applies; or

(c)

the incident is or was effected by means of a telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution (including, for example, by means of the internet); or

(d)

the incident is impeding or impairing, or has impeded or impaired, the ability of a computer to connect to such a service; or

(e)

the incident has seriously prejudiced or is seriously prejudicing:

(i)

the social or economic stability of Australia or its people; or

(ii)

the defence of Australia; or

(iii)

national security.

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