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2019-2022
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE
Security Legislation Amendment (Critical Infrastructure Protection) Bill 2022
Schedule of the amendments made by the Senate
(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:
(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.
Richard Pye
Clerk of the Senate
The Senate
30 March 2022