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

Schedule 1   Security of critical infrastructure

Part 4   Amendments contingent on the commencement of the National Emergency Declaration Act 2020

Security of Critical Infrastructure Act 2018

75   After subsection 35AB(1)

Insert:

(1A) This section also applies if the Minister is satisfied that:

(a) a cyber security incident:

(i) has occurred; or

(ii) is occurring; or

(iii) is imminent; and

(b) the incident has had, is having, or is likely to have, a relevant impact on a critical infrastructure asset (the primary asset ); and

(c) the incident relates to an emergency specified in a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) that is in force; and

(d) no existing regulatory system of the Commonwealth, a State or a Territory could be used to provide a practical and effective response to the incident.