Security Legislation Amendment (Critical Infrastructure) Act 2021 (124 of 2021)

Schedule 1   Security of critical infrastructure

Part 1   General amendments

Security of Critical Infrastructure Act 2018

38   At the end of Division 1 of Part 2

Add:

18A 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; or

(c) immediately before the commencement of this section, the asset was a critical infrastructure asset (within the meaning of this Act as in force immediately before that commencement).

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

(2) Subsection (1) has effect subject to subsection (3).

(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.

18AA Consultation - rules

Scope

(1) This section applies to rules made for the purposes of section 18A.

Consultation

(2) Before making or amending the rules, the Minister must:

(a) cause to be published on the Department's website a notice:

(i) setting out the draft rules or amendments; and

(ii) inviting persons to make submissions to the Minister about the draft rules or amendments within 28 days after the notice is published; and

(b) give a copy of the notice to each First Minister; and

(c) consider any submissions received within the 28-day period mentioned in paragraph (a).