Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 (98 of 2021)

Schedule 1   Data disruption

Surveillance Devices Act 2004

46A   At the end of section 64

Add:

(3) If:

(a) a person suffers loss or injury as a result of the use of:

(i) a computer; or

(ii) a telecommunications facility operated or provided by the Commonwealth or a carrier; or

(iii) any other electronic equipment; or

(iv) a data storage device;

for the purpose of obtaining access to, or disrupting, data that is held in the computer; and

(b) the use of the computer, facility, equipment or device, as the case may be, was authorised by an emergency authorisation for disruption of data held in a computer; and

(c) the giving of the emergency authorisation was not approved under section 35B;

the Commonwealth is liable to pay to the person who has suffered the loss or injury:

(d) such compensation as is agreed on between the Commonwealth and that person; or

(e) in default of such an agreement - such compensation as is determined by action against the Commonwealth in a court of a State or Territory that has jurisdiction in relation to the matter.