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SECURITY OF CRITICAL INFRASTRUCTURE ACT 2018 - SECT 30AB

Application of this Part

  (1)   This Part applies to a critical infrastructure asset if:

  (a)   the asset is specified in the rules; or

  (b)   both:

  (i)   the asset is the subject of a declaration under section   51; and

  (ii)   the declaration determines that this Part applies to the asset.

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

  (2)   Subsection   (1) has effect subject to subsections   (3), (4), (5) and (6).

Exemptions

  (3)   The rules may provide that, if an asset becomes a critical infrastructure asset, this Part does not apply to the asset during the period:

  (a)   beginning when the asset became a critical infrastructure asset; and

  (b)   ending at a time ascertained in accordance with the rules.

  (4)   If:

  (a)   an entity holds a certificate of hosting certification (strategic level) that relates to one or more services; and

  (b)   the certificate was issued under the scheme that is:

  (i)   administered by the Commonwealth; and

  (ii)   known as the hosting certification framework; and

  (c)   a critical infrastructure asset, or a part of a critical infrastructure asset, is used in connection with the provision of any of those services; and

  (d)   the entity is the responsible entity for the asset;

this Part does not apply to the asset.

Note:   For reporting obligations, see Part   2AA.

  (5)   If:

  (a)   an entity is covered by a provision of a law of the Commonwealth, a State or a Territory; and

  (b)   the provision is specified in the rules; and

  (c)   the entity is the responsible entity for a critical infrastructure asset;

this Part does not apply to the asset.

Note:   For reporting obligations, see Part   2AA.

  (6)   If:

  (a)   a critical infrastructure asset is covered by a provision of a law of the Commonwealth, a State or a Territory; and

  (b)   the provision is specified in the rules;

this Part does not apply to the asset.

Note:   For reporting obligations, see Part   2AA.



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