30AB  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.

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

  • (2)

    Subsection (1) has effect subject to subsections (3), (4), (5) and (6).

Exemptions
  • (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.

  • (4)

    If:

    • (a)

      an entity holds a certificate of hosting certification (strategic level) that relates to one or more services; and

    • (b)

      the certificate was issued under the scheme that is:

      • (i)

        administered by the Commonwealth; and

      • (ii)

        known as the hosting certification framework; and

    • (c)

      a critical infrastructure asset, or a part of a critical infrastructure asset, is used in connection with the provision of any of those services; and

    • (d)

      the entity is the responsible entity for the asset;

    this Part does not apply to the asset.

    Note: For reporting obligations, see Part 2AA.

  • (5)

    If:

    • (a)

      an entity is covered by a provision of a law of the Commonwealth, a State or a Territory; and

    • (b)

      the provision is specified in the rules; and

    • (c)

      the entity is the responsible entity for a critical infrastructure asset;

    this Part does not apply to the asset.

    Note: For reporting obligations, see Part 2AA.

  • (6)

    If:

    • (a)

      a critical infrastructure asset is covered by a provision of a law of the Commonwealth, a State or a Territory; and

    • (b)

      the provision is specified in the rules;

    this Part does not apply to the asset.

    Note: For reporting obligations, see Part 2AA.