South Australian Current Acts South Australian Current Acts86D—Meaning of unauthorised impairment of electronic communication
(1) An impairment of
electronic communication is unauthorised unless it is caused by the person who
is entitled to control use of the relevant electronic communication network or
some other person who has an authorisation or licence (express or implied)
from the person who is entitled to control use of the relevant electronic
communication network to cause the impairment.
(2) A person is to be
regarded as being entitled to control use of the relevant electronic
communication network if the person is entitled by law to determine who is to
have access to the network for the purpose of sending or receiving electronic
communications.
(3) For the purposes
of an offence against this Part, the onus of establishing that an impairment
of electronic communication was unauthorised lies on the prosecution.