(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.