Commonwealth Numbered Acts Commonwealth Numbered ActsIn this Act:
"ABN " has the same meaning as in the A New Tax System (Australian Business Number) Act 1999 .
"acquisition of property " has the same meaning as in paragraph 51(xxxi) of the Constitution.
"adverse security assessment " has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979 .
"appointed officer " , for an unincorporated foreign company, means:
(a) the secretary of the company; or
(b) an officer of the company appointed to hold property on behalf of the company.
"approved form " means a form approved by the Secretary.
"associate " has the meaning given by section 8B.
"civil penalty provision " has the same meaning as in the Regulatory Powers Act.
"commencing day " means the day this Act commences.
"corporate entity " means an entity other than an individual.
"critical electricity asset " has the meaning given by section 10.
"critical gas asset " has the meaning given by section 12.
"critical infrastructure asset " has the meaning given by section 9.
"critical port " has the meaning given by section 11.
"critical water asset " means one or more water or sewerage systems or networks that:
(a) are managed by a single water utility; and
(b) ultimately deliver services to at least 100,000 water connections or 100,000 sewerage connections.
Note: The rules may prescribe that a specified critical water asset is not a critical infrastructure asset (see section 9).
"direct interest holder " , in relation to an asset, has the meaning given by section 8.
"entity " means any of the following:
(a) an individual, whether or not resident in Australia or an Australian citizen;
(b) a body corporate, whether or not formed, or carrying on business, in Australia;
(c) a body politic, whether or not an Australian body politic;
(d) a partnership, whether or not formed in Australia;
(e) a trust, whether or not created in Australia;
(f) a superannuation fund, whether or not created in Australia;
(g) an unincorporated foreign company.
Note: See Division 2 of Part 7 for how this Act applies to partnerships, trusts, superannuation funds and unincorporated foreign companies.
"First Minister " means the Premier of a State, or the Chief Minister of the Australian Capital Territory or the Northern Territory.
"grace period " , for an asset, means:
(a) for an asset that is, or will be, a critical infrastructure asset at the end of the period of 6 months starting on the commencing day--that 6 month period; or
(b) for an asset that becomes a critical infrastructure asset after the end of the period mentioned in paragraph (a)--the period of 6 months starting on the day the asset becomes a critical infrastructure asset.
"holding entity " has the meaning given by subsection 8C(2).
"influence or control " has a meaning affected by section 8A.
"interest " in an asset means a legal or equitable interest in the asset.
"interest and control information " , in relation to an entity and an asset, has the meaning given by section 6.
"international relations " means political, military and economic relations with foreign governments and international organisations.
"moneylending agreement " has the meaning given by subsection 8(3).
"national security " means Australia's defence, security or international relations.
"notifiable event " has the meaning given by section 26.
"operational information " , in relation to an asset, has the meaning given by section 7.
"operator " , of an asset, means:
(a) for a critical port--a port facility operator (within the meaning of the Maritime Transport and Offshore Facilities Security Act 2003 ) of a port facility within the port; or
(b) for a critical infrastructure asset other than a critical port--an entity that is authorised (however described) to operate the asset or part of the asset.
Note: For some assets, an operator of the asset is also the responsible entity for the asset.
"port facility " has the same meaning as in the Maritime Transport and Offshore Facilities Security Act 2003 .
"protected information " means a document or information that:
(a) is obtained by a person in the course of exercising powers, or performing duties or functions, under this Act; or
(b) records or is the fact that an asset is declared under section 51 to be a critical infrastructure asset; or
(c) was a document or information to which paragraph (a) or (b) applied and is obtained by a person by way of an authorised disclosure under Division 3 of Part 4 or in accordance with section 46.
"Register " means the Register of Critical Infrastructure Assets kept by the Secretary under section 19.
"Regulatory Powers Act " means the Regulatory Powers (Standard Provisions) Act 2014 .
"relevant industry " , for an asset, is whichever of the following industries the asset relates to:
(a) electricity;
(b) water;
(c) ports;
(d) gas;
(e) an industry prescribed by the rules for the purposes of this paragraph.
"reporting entity " , for an asset, means either of the following:
(a) the responsible entity for the asset;
(b) a direct interest holder in relation to the asset.
Note: An entity may be both the responsible entity for an asset and a direct interest holder in relation to the asset.
"responsible entity " , for an asset, means:
(a) for a critical electricity asset or a critical gas asset--the entity that holds the licence, approval or authorisation (however described) to operate the asset to provide the service to be delivered by the asset; or
(b) for a critical water asset--the water utility that holds the licence, approval or authorisation (however described), under a law of the Commonwealth, a State or a Territory, to provide the service to be delivered by the asset; or
(c) for a critical port--the port operator (within the meaning of the Maritime Transport and Offshore Facilities Security Act 2003 ) of the port; or
(d) for an asset declared under section 51 to be a critical infrastructure asset--the entity specified in the declaration as the responsible entity for the asset (see subsection 51(2)); or
(e) for an asset prescribed by the rules for the purposes of paragraph 9(1)(f)--the entity specified by the rules for the asset.
"rules " means the rules made by the Minister under section 61.
"Secretary " means the Secretary of the Department.
"security " (other than in references to national security):
(a) other than in sections 10 and 12--has the same meaning as in the Australian Security Intelligence Organisation Act 1979 ; and
(b) in sections 10 and 12--has its ordinary meaning.
"security regulated port " has the same meaning as in the Maritime Transport and Offshore Facilities Security Act 2003 .
Note: Security regulated ports are declared under section 13 of the Maritime Transport and Offshore Facilities Security Act 2003 .
"senior officer " of a corporate entity means:
(a) for a body corporate--a director of the body corporate; or
(b) for a unit trust:
(i) the trustee of which is an individual--the trustee; and
(ii) the trustee of which is a body corporate--a director of the trustee; and
(iii) in any case--any other individual involved in the central management and control of the trust; or
(c) an individual who is, or an individual in a group of individuals who are, in a position to determine the investments or policy of the entity or a trustee of the entity; or
(d) an individual who makes, or participates in making, decisions that affect the whole, or a substantial part of, the business of the entity; or
(e) an individual who has the capacity to affect significantly the financial standing of the entity.
"subsidiary " has the meaning given by subsection 8C(1).
"superannuation fund " has the meaning given by section 10 of the Superannuation Industry (Supervision) Act 1993 .
"this Act " includes the rules.
"unincorporated foreign company " means a body covered by paragraph (b) of the definition of foreign company in section 9 of the Corporations Act 2001 .
"water utility " means an entity that holds a licence, approval or authorisation (however described), under a law of the Commonwealth, a State or a Territory, to provide water services.