Federal Register of Legislation - Australian Government

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Security of Critical Infrastructure Rules 2018

Authoritative Version
Rules/Other as made
These rules specify the requirements for an electricity generation station and gas transmission pipeline to be considered a ‘critical infrastructure asset’ for the purposes of subsection 10(2) and subsection 12(2) of the Security of Critical Infrastructure Act 2018, prescribe the Tasmanian Gas Pipeline as a ‘critical infrastructure asset’, and ensure the Government has access to ‘operational information’ in order to determine the national security risks in ‘critical infrastructure assets’.
Administered by: Home Affairs
Made 15 Jun 2018
Registered 05 Jul 2018
Tabled HR 13 Aug 2018
Tabled Senate 13 Aug 2018

 

Security of Critical Infrastructure Rules 2018

I, Peter Dutton, Minister for Home Affairs, make the following rules.

Dated   15 June 2018

Peter Dutton

Minister for Home Affairs

 

 

  

  

  


Contents

Part 1—Preliminary                                                                                                                                        1

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Definitions..................................................................................................................... 1

Part 2—Matters relating to definitions in the Act                                                                        3

5............ Description of arrangements under which data is maintained........................................ 3

6............ Requirements for electricity generation stations............................................................. 3

7............ Prescribed gas transmission pipelines........................................................................... 4

8............ Requirements for gas transmission pipelines................................................................. 4

9............ Electricity generation stations and gas transmission pipelines that are not currently operational               5

 


Part 1Preliminary

  

1  Name

                   This instrument is the Security of Critical Infrastructure Rules 2018.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The later of:

(a) the day after this instrument is registered; and

(b) the day the Security of Critical Infrastructure Act 2018 commences.

11 July 2018

(paragraph (b) applies)

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the Security of Critical Infrastructure Act 2018.

4  Definitions

                   In this instrument:

Act means the Security of Critical Infrastructure Act 2018.

nameplate rating, in relation to a gas transmission pipeline, means the maximum quantity of natural gas that can be transported through the pipeline on a day under normal operating conditions.

smart meter means a meter that measures, and remotely communicates information relating to, the usage of electricity, water, gas, or any other product, that is produced or supplied by an infrastructure asset.

synchronous electricity generator means a generator that:

                     (a)  is directly connected to an electricity network or electricity system; and

                     (b)  produces electricity:

                              (i)  via a rotating shaft with a stator and rotor; and

                             (ii)  by electromagnetic coupling; and

                            (iii)  at a speed equivalent to the frequency of the network or system.

system restart ancillary service has the meaning given by subsection 6(2).

Part 2Matters relating to definitions in the Act

  

5  Description of arrangements under which data is maintained

             (1)  This section sets out operational information for the purposes of paragraphs 7(1)(f) and (g) of the Act.

             (2)  A description of arrangements is required under paragraph 7(1)(f) of the Act in relation to data that:

                     (a)  relates to a critical infrastructure asset; and

                     (b)  is maintained by:

                              (i)  an entity that is not the responsible entity for the asset; or

                             (ii)  the responsible entity at a location that is not in Australia; and

                     (c)  is any of the following kinds:

                              (i)  personal information (within the meaning of the Privacy Act 1988) of at least 20,000 persons;

                             (ii)  sensitive information (within the meaning of that Act);

                            (iii)  information relating to any research and development in relation to the asset;

                            (iv)  information relating to any systems needed to operate the asset;

                             (v)  information relating to risk management and business continuity (however described) in relation to the asset;

                            (vi)  information about consumers’ consumption of electricity, water, gas, or any other product, that is produced or supplied by the asset (including data communicated by a smart meter).

             (3)  The description of the arrangements must include:

                     (a)  the name of the entity that maintains the data; and

                     (b)  if that entity is not the responsible entity for the asset:

                              (i)  if applicable, the ABN of the entity, or other similar business number (however described) if the entity was incorporated, formed or created (however described) outside Australia; and

                             (ii)  the address of the entity’s head office or principal place of business; and

                            (iii)  the country in which the entity was incorporated, formed or created (however described); and

                     (c)  the address at which the data is held (including, to the extent practicable, the address at which computers or servers holding the data are located, whether or not those computers or servers are part of a cloud service); and

                     (d)  for data held using a cloud service—the name of the cloud service; and

                     (e)  the kind of data mentioned in paragraph (2)(c) that the entity maintains.

6  Requirements for electricity generation stations

             (1)  For the purposes of subsection 10(2) of the Act, for an electricity generation station to be critical to ensuring the security and reliability of electricity networks or electricity systems in a particular State or Territory, the station must:

                     (a)  be contracted to provide a system restart ancillary service in the State or Territory (see subsection (2)); or

                     (b)  be a synchronous electricity generator, in the State or Territory, that has an installed capacity of at least the amount specified in the following table for the State or Territory.

 

Minimum installed capacity of a synchronous electricity generator

Item

State or Territory

Amount (in megawatts)

1

New South Wales

1,400

2

Victoria

1,200

3

Queensland

1,300

4

Western Australia

600

5

South Australia

600

6

Tasmania

700

7

Northern Territory

300

Note:          See section 9 in relation to electricity generation stations that are not currently operational.

             (2)  An electricity generation station provides a system restart ancillary service if it is able to:

                     (a)  start without an external power supply; and

                     (b)  connect, and provide energy, to an electricity network or an electricity system for the transmission or distribution of electricity.

7  Prescribed gas transmission pipelines

                   For the purposes of paragraph 12(2)(a) of the Act, the Tasmanian Gas Pipeline is critical to ensuring the security and reliability of a gas market.

Note:          See section 9 in relation to gas transmission pipelines that are not currently operational.

8  Requirements for gas transmission pipelines

                   For the purposes of paragraph 12(2)(b) of the Act, for a gas transmission pipeline to be critical to ensuring the security and reliability of a particular gas market, the pipeline must have a nameplate rating of the amount specified in the following table for the gas market.

 

Nameplate rating of a gas transmission pipeline

Item

Gas market

Amount (in terajoules per day)

1

Eastern gas market

200

2

Northern gas market

80

3

Western gas market

150

Note:          See section 9 in relation to gas transmission pipelines that are not currently operational.

9  Electricity generation stations and gas transmission pipelines that are not currently operational

             (1)  Despite this Part, an electricity generation station or gas transmission pipeline is not critical to ensuring the security and reliability of electricity networks or electricity systems or a gas market (as the case requires) if the station or pipeline has not yet begun to operate since first being built.

             (2)  However, after the station or pipeline first begins to operate, the station or pipeline may remain critical to ensuring the security and reliability of electricity networks or electricity systems or a gas market (as the case requires) even if the station or pipeline is not currently being operated.