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Part 2—Register of Critical Infrastructure Assets

Part 2 Register of Critical Infrastructure Assets

Division 1 Simplified outline of this Part

18   Simplified outline of this Part

The Secretary must keep a Register of Critical Infrastructure Assets, containing information in relation to those assets. The Register must not be made public.

The responsible entity for a critical infrastructure asset must give the Secretary operational information in relation to the asset.

An entity that is a direct interest holder in relation to a critical infrastructure asset must give the Secretary interest and control information in relation to the entity and the asset.

If particular events occur in relation to the asset, the relevant reporting entity for the asset must notify the Secretary of the event and provide certain information.

If an entity required to give notice or information dies or is wound up before doing so, the entity’s executor or liquidator must give the notice or information. An agent may give notice or information for an entity.

The rules may provide for exemptions from these requirements.

Division 2 Register of Critical Infrastructure Assets

19   Secretary must keep Register

                   The Secretary must keep a Register of Critical Infrastructure Assets, containing:

                     (a)  the information obtained by the Secretary under Division 3 (obligation to give information and notify of events); and

                     (b)  any information added under section 20; and

                     (c)  any corrections or updates of information described in paragraph (a) or (b) that are made under section 21.

20   Secretary may add information to Register

                   The Secretary may add to the Register any of the following that is obtained by the Secretary (other than information obtained under Division 3):

                     (a)  operational information in relation to a critical infrastructure asset;

                     (b)  interest and control information in relation to a direct interest holder and a critical infrastructure asset.

21   Secretary may correct or update information in the Register

                   The Secretary may correct or update information in the Register.

22   Register not to be made public

                   The Secretary must ensure that the Register is not made public.

Note:          See Division 3 of Part 4 for the recording, use and disclosure of protected information that may be contained in the Register.

Division 3 Obligation to give information and notify of events

23   Initial obligation to give information

             (1)  This section applies if an entity is, or will be, a reporting entity for a critical infrastructure asset at the end of the grace period for the asset.

Note:          Once an entity has given information in relation to an asset under this section, the reporting entity for the asset must comply with section 24 (ongoing obligation to give information and notify of events).

             (2)  The entity must give the Secretary the following information in accordance with subsection (3):

                     (a)  if the reporting entity is the responsible entity for the asset—the operational information in relation to the asset;

                     (b)  if the reporting entity is a direct interest holder in relation to the asset—the interest and control information in relation to the entity and the asset.

Note 1:       Persons other than the entity may give the information (see section 30 (agents may give notice or information) and Division 2 of Part 7 (treatment of certain entities)).

Note 2:       For an exception to this section, see section 25 (information that is not able to be obtained).

Civil penalty:          50 penalty units.

             (3)  The information must be given:

                     (a)  in the approved form; and

                     (b)  by the later of:

                              (i)  the end of the grace period for the asset; and

                             (ii)  the end of 30 days after the day the entity becomes a reporting entity for the asset.

24   Ongoing obligation to give information and notify of events

             (1)  This section applies to a reporting entity for a critical infrastructure asset if a notifiable event occurs in relation to the asset:

                     (a)  after the entity gives information in relation to the asset under section 23; or

                     (b)  after the end of the grace period for the asset.

Requirement to give information and notify of events

             (2)  If the reporting entity is required to give information in relation to the event in accordance with subsection (3), the reporting entity for the asset must give the Secretary that information and notice of the event:

                     (a)  in the approved form; and

                     (b)  by the end of 30 days after the event occurs.

Note 1:       Persons other than the entity may give the information (see section 30 (agents may give notice or information) and Division 2 of Part 7 (treatment of certain entities)).

Note 2:       For an exception to this section, see section 25 (information that is not able to be obtained).

Civil penalty:          50 penalty units.

             (3)  The following table sets out the information a reporting entity is required to give in relation to the event.

 

Ongoing obligation to give information

Item

If the event is ...

this reporting entity ...

must give this information ...

1

an event covered by subparagraph 26(a)(i)

the entity that is the responsible entity for the asset immediately after the event occurs

any operational information in relation to the asset that is necessary to correct or complete the operational information, in relation to the asset, previously obtained by the Secretary.

2

an event covered by subparagraph 26(a)(ii)

the entity that is the direct interest holder to which the information relates

any interest and control information in relation to the entity and the asset that is necessary to correct or complete the interest and control information, in relation to the entity and the asset, previously obtained by the Secretary.

3

an event covered by paragraph 26(b) or (c) relating to the responsible entity for the asset

the responsible entity for the asset

the operational information in relation to the asset.

4

an event covered by paragraph 26(b) or (c) relating to a direct interest holder in relation to the asset

the direct interest holder in relation to the asset

the interest and control information in relation to the entity and the asset.

 

Exception to requirement to give information

             (4)  However, subsection (2) does not apply in relation to the event (the first event ) if:

                     (a)  before the end of 30 days after the first event occurs, another notifiable event (the second event ) occurs in relation to the asset; and

                     (b)  a result of the second event is that the information in relation to the asset that was required to be given to the Secretary under subsection (2) following the first event is no longer correct.

Note:          An entity that wishes to rely on subsection (4) in proceedings for a civil penalty order bears an evidential burden in relation to the matter in that subsection (see section 96 of the Regulatory Powers Act).

25   Information that is not able to be obtained

                   Section 23 (initial obligation to give information) or 24 (ongoing obligation to give information and notify of events) does not apply in relation to particular information that a person is required to provide under that section if:

                     (a)  the person uses the person’s best endeavours to obtain the information; and

                     (b)  the person is not able to obtain the information.

Note:          An entity that wishes to rely on this section in proceedings for a civil penalty order bears an evidential burden in relation to the matter in that subsection (see section 96 of the Regulatory Powers Act).

26   Meaning of notifiable event

                   An event is a notifiable event in relation to a critical infrastructure asset if:

                     (a)  the event has the effect that either of the following previously obtained by the Secretary for the purposes of this Act becomes incorrect or incomplete:

                              (i)  the operational information in relation to the asset;

                             (ii)  the interest and control information in relation to a direct interest holder and the asset; or

                     (b)  the event is an entity becoming a reporting entity for the asset; or

                     (c)  the event is a reporting entity for the asset becoming an entity to which this Act applies (see section 13).

Note:          If an asset becomes a critical infrastructure asset after the end of the period of 6 months starting on the commencing day, a reporting entity for the asset initially has a period of between 30 days and 6 months in which to provide information in relation to the asset (see section 23).

27   Rules may exempt from requirement to give notice or information

                   The rules may provide that this Division, or specified provisions of this Division, do not apply in relation to:

                     (a)  any entity; or

                     (b)  specified classes of entities; or

                     (c)  specified entities;

either generally or in specified circumstances.

Note:          An entity that wishes to rely on an exemption in the rules in relation to a contravention of section 23 or 24 bears an evidential burden (see section 96 of the Regulatory Powers Act).

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

                   If an individual, who is required by section 23 or 24 to give notice or information, dies before giving the notice or information, the executor or administrator of the individual’s estate must give the notice or information in accordance with that section.

29   Requirement for corporate liquidators etc. to give notice or information

                   If an entity that is required by section 23 or 24 to give notice or information is a corporation that:

                     (a)  is placed into voluntary administration, liquidation or receivership before giving the notice or information; and

                     (b)  is no longer in a position to give the notice or information;

the voluntary administrator, liquidator or receiver of the corporation must give the notice or information in accordance with that section.

30   Agents may give notice or information

                   An entity required by section 23 or 24 to give notice or information is taken to have complied with the requirement if someone else gives the notice or information, in accordance with that section, on the entity’s behalf.