8AAMeaning of national security business

#### 8AA Meaning of national security business (1) A business is a national security business if: (a) the business is carried on wholly or partly in Australia whether or not in anticipation of profit or gain; and (b) it is publicly known, or could be known upon the making of reasonable inquiries, that the business is of a kind referred to in subsection (2). (2) A business is of a kind referred to in this subsection if: (a) the business is a responsible entity (within the meaning of the Security of Critical Infrastructure Act 2018) for an asset; or (b) the business is an entity that is a direct interest holder in relation to a critical infrastructure asset (within the meaning of those terms in the Security of Critical Infrastructure Act 2018); or (c) the business is a carrier or nominated carriage service provider to which the Telecommunications Act 1997 applies; or (d) the business develops, manufactures or supplies critical goods that are, or are intended to be, for a military use, or an intelligence use, by: (i) defence and intelligence personnel; or (ii) the defence force of another country; or (iii) a foreign intelligence agency; or (e) the business develops, manufactures or supplies critical technology that is, or is intended to be, for a military use, or an intelligence use, by: (i) defence and intelligence personnel; or (ii) the defence force of another country; or (iii) a foreign intelligence agency; or (f) the business provides, or intends to provide, critical services to: (i) defence and intelligence personnel; or (ii) the defence force of another country; or (iii) a foreign intelligence agency; or (g) the business stores or has access to information that has a security classification; or (h) the business stores or maintains personal information, collected by the Australian Defence Force, the Defence Department or an agency in the national intelligence community: (i) of persons who are covered by the definition of defence and intelligence personnel; and (ii) which, if accessed, could compromise Australia’s national security; or (i) the business collects, as part of an arrangement with the Australian Defence Force, the Defence Department or an agency in the national intelligence community, personal information: (i) of persons who are covered by the definition of defence and intelligence personnel; and (ii) which, if disclosed, could compromise Australia’s national security; or (j) the business stores, maintains or has access to personal information of a kind mentioned in paragraph (i) which, if disclosed, could compromise Australia’s national security.