Commonwealth Consolidated Acts

SECURITY OF CRITICAL INFRASTRUCTURE ACT 2018 - SECT 35BB

  (1)   If:

  (a)   a request is in force under section   35AX in relation to a critical infrastructure asset or a critical infrastructure sector asset; and

  (b)   an entity is a relevant entity for the asset;

an approved staff member of the authorised agency may require the entity to:

  (c)   provide the approved staff member with access to premises for the purposes of the authorised agency complying with the request; or

  (d)   provide the authorised agency with specified information or assistance that is reasonably necessary to allow the authorised agency to comply with the request.

Note:   See also section   149.1 of the Criminal Code (which deals with obstructing and hindering Commonwealth public officials).

  (2)   Paragraph   (1)(c) does not apply to premises that are used solely or primarily as a residence.

  (3)   An entity must comply with a requirement under subsection   (1).

Civil penalty:   150 penalty units.

Liability

  (4)   An entity is not liable to an action or other proceeding for damages for, or in relation to, an act done or omitted in good faith in compliance with a requirement under subsection   (1).

  (5)   An officer, employee or agent of an entity is not liable to an action or other proceeding for damages for, or in relation to, an act done or omitted in good faith in connection with an act done or omitted by the entity as mentioned in subsection   (4).

  (6)   If:

  (a)   an entity is or was subject to a requirement under subsection   (1); and

  (b)   the entity is or was a member of a related company group;

then:

  (c)   another member of the related company group is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith for the purposes of ensuring or facilitating compliance with the requirement; and

  (d)   an officer, employee or agent of another member of the related company group is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith for the purposes of ensuring or facilitating compliance with the requirement.

  (7)   If:

  (a)   an entity (the first entity ) is or was subject to a requirement under subsection   (1); and

  (b)   another entity (the contracted service provider ) is or was:

  (i)   a party to a contract with the first entity; and

  (ii)   responsible under the contract for the provision of services to the first entity;

then:

  (c)   the contracted service provider is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith for the purposes of ensuring or facilitating compliance with the requirement; and

  (d)   an officer, employee or agent of the contracted service provider is not liable to an action or other proceeding for damages for or in relation to an act done or omitted in good faith for the purposes of ensuring or facilitating compliance with the requirement.