9Meaning of critical infrastructure asset

9 Meaning of critical infrastructure asset

(1) An asset is a critical infrastructure asset if it is: (a) a critical telecommunications asset; or (b) a critical broadcasting asset; or (c) a critical domain name system; or (d) a critical data storage or processing asset; or (da) a critical banking asset; or (db) a critical superannuation asset; or (dc) a critical insurance asset; or (dd) a critical financial market infrastructure asset; or (de) a critical water asset; or (df) a critical electricity asset; or (dg) a critical gas asset; or (dh) a critical energy market operator asset; or (di) a critical liquid fuel asset; or (dj) a critical hospital; or (dk) a critical education asset; or (dl) a critical food and grocery asset; or (dm) a critical port; or (dn) a critical freight infrastructure asset; or (do) a critical freight services asset; or (dp) a critical public transport asset; or (dq) a critical aviation asset; or (dr) a critical defence industry asset; or (e) an asset declared under section 51 to be a critical infrastructure asset; or (f) an asset prescribed by the rules for the purposes of this paragraph.

Note 1: For prescription by class, see subsection 13(3) of the Legislation Act 2003.

Note 2: Data storage systems that store or process business critical data are part of the critical infrastructure asset: see subsection (7).

(2) However, the rules may prescribe that a specified: (a) a critical telecommunications asset; or (b) a critical broadcasting asset; or (c) a critical domain name system; or (d) a critical data storage or processing asset; or (e) a critical banking asset; or (f) a critical superannuation asset; or (g) a critical insurance asset; or (h) a critical financial market infrastructure asset; or (i) a critical water asset; or (j) a critical electricity asset; or (k) a critical gas asset; or (l) a critical energy market operator asset; or (m) a critical liquid fuel asset; or (n) a critical hospital; or (o) a critical education asset; or (p) a critical food and grocery asset; or (q) a critical port; or (r) a critical freight infrastructure asset; or (s) a critical freight services asset; or (t) a critical public transport asset; or (u) a critical aviation asset; or (v) a critical defence industry asset; is not a critical infrastructure asset.

Note: For prescription by class, see subsection 13(3) of the Legislation Act 2003.

(2A) If an asset is owned by: (a) the Commonwealth; or (b) a body corporate established by a law of the Commonwealth (other than a government business enterprise); the asset is not a critical infrastructure asset unless: (c) the asset is declared under section 51 to be a critical infrastructure asset; or (d) the asset is prescribed by the rules for the purposes of paragraph (1)(f). (2B) Subject to subsections (2C) and (2D), an asset is not a critical infrastructure asset if, or to the extent to which, the asset is located outside Australia. (2C) Subsection (2B) does not apply for the purposes of working out whether a satellite‑based facility is a critical telecommunications asset if the satellite‑based facility is in a satellite to which either or both of the following apply: (a) the satellite is included in the Register of Space Objects kept under section 76 of the Space (Launches and Returns) Act 2018; (b) Australia is the appropriate State Party for the purposes of undertaking the authorisation and continuing supervision required in respect of the satellite under Article VI of the Outer Space Treaty.