5A  Meaning of protected information and relevant information
Protected information
  • (1)

    Protected information is relevant information:

    • (a)

      the disclosure of which would or could reasonably be expected to prejudice national security or the defence of Australia; or

    • (b)

      the disclosure of which would or could reasonably be expected to prejudice the social or economic stability of Australia or its people; or

    • (c)

      that contains, or is, confidential commercial information; or

    • (d)

      the disclosure of which would or could reasonably be expected to prejudice the availability, integrity, reliability or security of a critical infrastructure asset.

  • (2)

    A document or information is protected information if it:

    • (a)

      was a document or information to which subsection (1) applied; and

    • (b)

      is obtained by a person by way of an authorised disclosure under Division 3 of Part 4 or in accordance with section 46.

Relevant information
  • (3)

    Relevant information is:

    • (a)

      a document or information that is obtained or generated by a person in the course of exercising powers, or performing duties or functions, under this Act; or

    • (b)

      a document or information that is obtained, generated or adopted by an entity for the purposes of complying with this Act;

    including, but not limited to, a document or information that:

    • (c)

      records or is the fact that an asset is declared under section 51 to be a critical infrastructure asset; or

    • (d)

      records or is the fact that an asset is declared under section 52B to be a system of national significance; or

    • (e)

      records or is the fact that the Minister has:

      • (i)

        given a Ministerial authorisation; or

      • (ii)

        revoked a Ministerial authorisation; or

    • (f)

      is, or is included in, a critical infrastructure risk management program that is adopted by an entity in compliance with section 30AC; or

    • (g)

      is, or is included in, a report that is given under section 30AG or 30AQ; or

    • (h)

      is, or is included in, a report under section 30BC or 30BD; or

    • (i)

      is, or is included in, an incident response plan adopted by an entity in compliance with section 30CD; or

    • (j)

      is, or is included in, an evaluation report prepared under section 30CQ or 30CR; or

    • (k)

      is, or is included in, a vulnerability assessment report prepared under section 30CZ; or

    • (l)

      is, or is included in, a report prepared in compliance with:

      • (i)

        a system information periodic reporting notice; or

      • (ii)

        a system information event‑based reporting notice; or

    • (la)

      records or is the fact that the Minister has:

      • (i)

        given a direction under subsection 30EF(1); or

      • (ii)

        revoked such a direction; or

    • (m)

      records or is the fact that the Minister has:

      • (i)

        given a direction under subsection 32(2); or

      • (ii)

        revoked such a direction; or

    • (n)

      records or is the fact that the Secretary has:

      • (i)

        given a direction under section 35AK; or

      • (ii)

        revoked such a direction; or

    • (o)

      records or is the fact that the Secretary has:

      • (i)

        given a direction under section 35AQ; or

      • (ii)

        revoked such a direction; or

    • (p)

      records or is the fact that the Secretary has:

      • (i)

        given a request under section 35AX; or

      • (ii)

        revoked such a request.