21ZAResponsible entity must inform Secretary of certain decisions

21ZA Responsible entity must inform Secretary of certain decisions

Decision to grant access to certain assets (1) A responsible entity commits an offence if: (a) the Secretary advises the responsible entity about a background check of an individual under section 21DA or 21DD; and (b) in the advice, the Secretary advises that: (i) the individual has an unfavourable criminal history; or (ii) the security assessment of the individual is an adverse security assessment or qualified security assessment; and (c) after receiving the advice, the responsible entity makes a decision to grant, or continue to grant, the individual access to a critical infrastructure asset declared by the Minister, by notifiable instrument, for the purposes of this paragraph; and (d) the responsible entity does not inform the Secretary of the decision within 7 days after making the decision.

Penalty: 5 penalty units.

Decision to revoke access to certain assets (2) A responsible entity commits an offence if: (a) the responsible entity makes a decision to grant, or continue to grant, an individual access to a critical infrastructure asset declared by the Minister for the purposes of paragraph (1)(c); and (b) the responsible entity later makes a decision to revoke the individual’s access to the asset; and (c) the responsible entity does not inform the Secretary of the decision within 48 hours after making the decision.

Penalty: 5 penalty units.