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31       Security Legislation Amendment (Critical Infrastructure Protection) Bill 2022

A message from the House of Representatives was reported transmitting for the concurrence of the Senate the following bill:

Message no. 542, dated 17 February 2022—A Bill for an Act to amend legislation relating to critical infrastructure, and for other purposes.

Limitation of debate : The time allotted for the consideration of the bill expired ( see entry no. 14 ).

The Minister for Families and Social Services (Senator Ruston) moved—That this bill be now read a first time.

Question put and passed.

Bill read a first time.

Explanatory memoranda : Senator Ruston tabled an addendum to the explanatory memorandum and a supplementary explanatory memorandum relating to the government amendments to be moved to the bill.

The following amendments circulated by the Government on sheet SU158 were agreed to:

(1)—Schedule 1, page 4 (after line 14), after item 7, insert:

7A  Section 5

Insert:

critical component of a critical infrastructure asset, means a part of the asset, where absence of, damage to, or compromise of, the part of the asset:

                       (a)  would prevent the proper function of the asset; or

                      (b)  could cause significant damage to the asset;

as assessed by the responsible entity for the asset.

(2)—Schedule 1, page 5 (after line 21), after item 11, insert:

11A  Section 5

Insert:

critical worker means an individual, where the following conditions are satisfied:

                       (a)  the individual is an employee, intern, contractor or subcontractor of the responsible entity for a critical infrastructure asset to which Part 2A applies;

                      (b)  the absence or compromise of the individual:

                                     (i)  would prevent the proper function of the asset; or

                                    (ii)  could cause significant damage to the asset;

                            as assessed by the responsible entity for the asset;

                       (c)  the individual has access to, or control and management of, a critical component of the asset.

(3)—Schedule 1, item 71, page 64 (after line 25), after paragraph 52B(3)(a), insert:

                     (aa)  the Parliamentary Joint Committee on Intelligence and Security;

(4)—Schedule 1, page 68 (after line 29), at the end of the Schedule, add:

75  After section 60

Insert:

60AAA   Regular reports about consultation

   (1)  The Secretary must give the Minister a report relating to the conduct, progress and outcomes of consultations undertaken by the Department in relation to:

                       (a)  the amendments made by the Security Legislation Amendment (Critical Infrastructure Protection) Act 2022 ; and

                      (b)  the amendments of this Act made by the Security Legislation Amendment (Critical Infrastructure) Act 2021 ;

during a designated reporting period (see subsection (4)).

   (2)  The Minister must give a copy of a report under subsection (1) to the Parliamentary Joint Committee on Intelligence and Security.

   (3)  A report under subsection (1) must not include personal information (within the meaning of the Privacy Act 1988 ).

Designated reporting period

   (4)  For the purposes of this section, designated reporting period means:

                       (a)  the period beginning at the commencement of this section and ending at the earlier of the following times:

                                     (i)  the end of the 6-month period that began at the commencement of this section;

                                    (ii)  the time when the Parliamentary Joint Committee on Intelligence and Security began to conduct a review under section 60B; or

                      (b)  the period beginning immediately after the end of the immediately preceding designated reporting period and ending at the earlier of the following times:

                                     (i)  the end of the 6-month period that began immediately after the end of the immediately preceding designated reporting period;

                                    (ii)  the time when the Parliamentary Joint Committee on Intelligence and Security began to conduct a review under section 60B.

(5)—Schedule 1, page 68, at the end of the Schedule (after proposed item 75), add:

76  Section 60A

Repeal the section, substitute:

60A   Independent review

   (1)  The Minister must cause an independent review to be conducted of the operation of this Act.

   (2)  The review must be conducted after the end of the 12-month period that began at the commencement of this section.

   (3)  The person or persons who conduct the review must:

                       (a)  give the Minister a written report of the review; and

                      (b)  do so within 12 months after the commencement of the review.

   (4)  The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

Question—That the remaining stages of the bill be agreed to and the bill be now passed—put.

The Senate divided—

AYES, 45

Senators—

Abetz

Griff

McGrath

Ruston

Askew

Grogan

McLachlan

Scarr

Ayres

Henderson

McMahon

Sheldon

Bragg

Hughes

Mirabella

Small

Brockman

Hume

O’Neill

Smith, Dean

Chandler

Keneally

O’Sullivan

Smith, Marielle

Chisholm

Lambie

Paterson

Urquhart

Ciccone

Lines

Patrick

Van

Davey*

McAllister

Payne

Walsh

Dodson

McCarthy

Pratt

Watt

Fawcett

McDonald

Reynolds

Wong

Gallagher

 

 

 

 

NOES, 8

Senators—

Cox

Hanson-Young

Rice

Thorpe

Faruqi

McKim*

Steele-John

Whish-Wilson

* Tellers

Question agreed to.

Bill read a third time.