12B  Meaning of critical freight infrastructure asset
  • (1)

    An asset is a critical freight infrastructure asset if it is any of the following:

    • (a)

      a road network that, in accordance with subsection (2), functions as a critical corridor for the transportation of goods between:

      • (i)

        2 States; or

      • (ii)

        a State and a Territory; or

      • (iii)

        2 Territories; or

      • (iv)

        2 regional centres;

    • (b)

      a rail network that, in accordance with subsection (3), functions as a critical corridor for the transportation of goods between:

      • (i)

        2 States; or

      • (ii)

        a State and a Territory; or

      • (iii)

        2 Territories; or

      • (iv)

        2 regional centres;

    • (c)

      an intermodal transfer facility that, in accordance with subsection (4), is critical to the transportation of goods between:

      • (i)

        2 States; or

      • (ii)

        a State and a Territory; or

      • (iii)

        2 Territories; or

      • (iv)

        2 regional centres.

    Note 1: The rules may prescribe that a specified critical freight infrastructure asset is not a critical infrastructure asset (see section 9).

    Note 2: A critical freight infrastructure asset that is owned or operated by a carrier may also be a critical telecommunications asset.

  • (2)

    For the purposes of paragraph (1)(a), the rules may prescribe:

    • (a)

      specified road networks that function as a critical corridor for the transportation of goods between:

      • (i)

        2 States; or

      • (ii)

        a State and a Territory; or

      • (iii)

        2 Territories; or

      • (iv)

        2 regional centres; or

    • (b)

      requirements for a road network to function as a critical corridor for the transportation of goods between:

      • (i)

        2 States; or

      • (ii)

        a State and a Territory; or

      • (iii)

        2 Territories; or

      • (iv)

        2 regional centres.

  • (3)

    For the purposes of paragraph (1)(b), the rules may prescribe:

    • (a)

      specified rail networks that function as a critical corridor for the transportation of goods between:

      • (i)

        2 States; or

      • (ii)

        a State and a Territory; or

      • (iii)

        2 Territories; or

      • (iv)

        2 regional centres; or

    • (b)

      requirements for a rail network to function as a critical corridor for the transportation of goods between:

      • (i)

        2 States; or

      • (ii)

        a State and a Territory; or

      • (iii)

        2 Territories; or

      • (iv)

        2 regional centres.

  • (4)

    For the purposes of paragraph (1)(c), the rules may prescribe:

    • (a)

      specified intermodal transfer facilities that are critical to the transportation of goods between:

      • (i)

        2 States; or

      • (ii)

        a State and a Territory; or

      • (iii)

        2 Territories; or

      • (iv)

        2 regional centres; or

    • (b)

      requirements for an intermodal transfer facility to be critical to the transportation of goods between:

      • (i)

        2 States; or

      • (ii)

        a State and a Territory; or

      • (iii)

        2 Territories; or

      • (iv)

        2 regional centres.

  • (5)

    For the purposes of this section, road network includes a part of a road network.

  • (6)

    For the purposes of this section, rail network includes a part of a rail network.