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Security of Critical Infrastructure Act 2018
In force
Administered by
Department of Home Affairs
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C2021C00113 C01
01 January 2021
-
31 August 2021
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Table of contents
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Part 1—Preliminary
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Division 1—Preliminary
1 Short title
2 Commencement
3 Object
4 Simplified outline of this Act
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Division 2—Definitions
5 Definitions
6 Meaning of interest and control information
7 Meaning of operational information
8 Meaning of direct interest holder
8A Meaning of influence or control
8B Meaning of associate
8C Meanings of subsidiary and holding entity
9 Meaning of critical infrastructure asset
10 Meaning of critical electricity asset
11 Meaning of critical port
12 Meaning of critical gas asset
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Division 3—Constitutional provisions and application of this Act
13 Application of this Act
14 Extraterritoriality
15 This Act binds the Crown
16 Concurrent operation of State and Territory laws
17 State constitutional powers
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Part 2—Register of Critical Infrastructure Assets
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Division 1—Simplified outline of this Part
18 Simplified outline of this Part
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Division 2—Register of Critical Infrastructure Assets
19 Secretary must keep Register
20 Secretary may add information to Register
21 Secretary may correct or update information in the Register
22 Register not to be made public
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Division 3—Obligation to give information and notify of events
23 Initial obligation to give information
24 Ongoing obligation to give information and notify of events
25 Information that is not able to be obtained
26 Meaning of notifiable event
27 Rules may exempt from requirement to give notice or information
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Division 4—Giving of notice or information by agents etc.
28 Requirement for executors and administrators to give notice or information for individuals who die
29 Requirement for corporate liquidators etc. to give notice or information
30 Agents may give notice or information
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Part 3—Directions by the Minister
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Division 1—Simplified outline of this Part
31 Simplified outline of this Part
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Division 2—Directions by the Minister
32 Direction if risk of act or omission that would be prejudicial to security
33 Consultation before giving direction
34 Requirement to comply with direction
35 Exception—acquisition of property
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Part 4—Gathering and using information
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Division 1—Simplified outline of this Part
36 Simplified outline of this Part
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Division 2—Secretary’s power to obtain information or documents
37 Secretary may obtain information or documents from entities
38 Copies of documents
39 Retention of documents
40 Self-incrimination
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Division 3—Use and disclosure of protected information
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Subdivision A—Authorised use and disclosure
41 Authorised use and disclosure—performing functions etc.
42 Authorised use and disclosure—other person’s functions etc.
43 Authorised disclosure relating to law enforcement
44 Secondary use and disclosure of protected information
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Subdivision B—Offence for unauthorised use or disclosure
45 Offence for unauthorised use or disclosure of protected information
46 Exceptions to offence for unauthorised use or disclosure
47 No requirement to provide information
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Part 5—Enforcement
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Division 1—Simplified outline of this Part
48 Simplified outline of this Part
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Division 2—Civil penalties, enforceable undertakings and injunctions
49 Civil penalties, enforceable undertakings and injunctions
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Part 6—Declaration of assets by the Minister
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Division 1—Simplified outline of this Part
50 Simplified outline of this Part
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Division 2—Declaration of assets by the Minister
51 Declaration of assets by the Minister
52 Notification of change to reporting entities for asset
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Part 7—Miscellaneous
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Division 1—Simplified outline of this Part
53 Simplified outline of this Part
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Division 2—Treatment of certain entities
53A How certain entities hold interests
54 Treatment of partnerships
55 Treatment of trusts and superannuation funds that are trusts
56 Treatment of unincorporated foreign companies
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Division 3—Matters relating to Secretary’s powers
57 Additional power of Secretary
58 Assets ceasing to be critical infrastructure assets
59 Delegation of Secretary’s powers
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Division 4—Periodic reports, reviews and rules
60 Periodic report
60A Review of this Act
61 Rules
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history