Part 1Preliminary

Part 1 Preliminary

1 Name

This instrument is the Security of Critical Infrastructure (Naval shipbuilding precinct) Rules (LIN 23/007) 2023.

3 Definitions

Note Some terms used in this instrument are defined in the Act, including:

Note: (a) asset;

Note: (b) AusCheck scheme;

Note: (c) critical infrastructure asset;

Note: (d) entity;

Note: (e) relevant impact;

Note: (f) responsible entity;

Note: (g) security.

In this instrument:

AusCheck Act means the AusCheck Act 2007.

AusCheck Regulations means the AusCheck Regulations 2017.

background check means a background check under the AusCheck scheme.

CIRMP is short for critical infrastructure risk management program.

CIRMP criminal record has the same meaning as defined in the AusCheck Regulations.

criminal history criteria means the assessment of:

(a) whether the person has a CIRMP criminal record; and

(b) the nature of the offence.

Department of Defence means the Department administered by the Minister administering the Defence Act 1903.

personnel hazard includes where a person acts, through malice or negligence:

(a) to compromise the proper function of the asset; or

(b) to cause significant damage to the asset.

4 Critical infrastructure asset

(1) For paragraph 9(1)(f) of the Act, an asset is a critical infrastructure asset if it is: (a) within an area identified for the purposes of this section on the map in Schedule 1; and (b) used for the primary purposes of naval shipbuilding or sustainment.

Note The map in Schedule 1 depicts the Osborne Naval Shipyard precinct on Lefevre Peninsula, South Australia.

(2) For subsection 12L(23) of the Act, the responsible entity for a critical infrastructure asset mentioned in subsection (1) is: (a) the entity that has been granted exclusive control and use of the asset or the area where the asset is located, under a licence or other contractual arrangement, for such time as the licence or other contractual arrangement remains in force; or (b) in all other circumstances, Australian Naval Infrastructure Pty Ltd (ABN 45 051 762 639).

5 Application of Part 2A of the Act

(1) For paragraph 30AB(1)(a) of the Act, Part 2A of the Act applies to a critical infrastructure asset mentioned in subsection 4(1).

(2) For subsection 30AB(3) of the Act, Part 2A of the Act applies to a critical infrastructure asset mentioned in subsection 4(1), 12 months after the asset becomes a critical infrastructure asset.

(3) The requirements specified in this instrument for paragraph 30AH(1)(c) of the Act apply to a critical infrastructure asset that:

(a) is mentioned in subsection 4(1); and

(b) is not specified in another instrument for paragraph 30AB(1)(a) of the Act.

6 Relevant Commonwealth Regulator

For paragraph (a) of the definition of relevant Commonwealth regulator in section 5 of the Act, the Department of Defence is specified for a critical infrastructure asset mentioned in subsection 4(1).