12H  Meaning of critical insurance asset
  • (1)

    An asset is a critical insurance asset if it is any of the following assets:

    • (a)

      an asset where the following conditions are satisfied:

      • (i)

        the asset is owned or operated by an entity that carries on insurance business;

      • (ii)

        the entity is an entity that, in accordance with subsection (2), is critical to the security and reliability of the financial services and markets sector;

      • (iii)

        the asset is used in connection with the carrying on of insurance business;

    • (b)

      an asset where the following conditions are satisfied:

      • (i)

        the asset is owned or operated by a body corporate that is a related body corporate of an entity that carries on insurance business;

      • (ii)

        the body corporate is a body corporate that, in accordance with subsection (3), is critical to the security and reliability of the financial services and markets sector;

      • (iii)

        the asset is used in connection with the carrying on of insurance business;

    • (c)

      an asset where the following conditions are satisfied:

      • (i)

        the asset is owned or operated by an entity that carries on life insurance business;

      • (ii)

        the entity is an entity that, in accordance with subsection (4), is critical to the security and reliability of the financial services and markets sector;

      • (iii)

        the asset is used in connection with the carrying on of life insurance business;

    • (d)

      an asset where the following conditions are satisfied:

      • (i)

        the asset is owned or operated by a body corporate that is a related body corporate of an entity that carries on life insurance business;

      • (ii)

        the body corporate is a body corporate that, in accordance with subsection (5), is critical to the security and reliability of the financial services and markets sector;

      • (iii)

        the asset is used in connection with the carrying on of life insurance business;

    • (e)

      an asset where the following conditions are satisfied:

      • (i)

        the asset is owned or operated by an entity that carries on health insurance business;

      • (ii)

        the entity is an entity that, in accordance with subsection (6), is critical to the security and reliability of the financial services and markets sector;

      • (iii)

        the asset is used in connection with the carrying on of health insurance business;

    • (f)

      an asset where the following conditions are satisfied:

      • (i)

        the asset is owned or operated by a body corporate that is a related body corporate of an entity that carries on health insurance business;

      • (ii)

        the body corporate is a body corporate that, in accordance with subsection (7), is critical to the security and reliability of the financial services and markets sector;

      • (iii)

        the asset is used in connection with the carrying on of health insurance business.

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

  • (2)

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

    • (a)

      specified entities that are critical to the security and reliability of the financial services and markets sector; or

    • (b)

      requirements for an entity to be critical to the security and reliability of the financial services and markets sector.

  • (3)

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

    • (a)

      specified bodies corporate that are critical to the security and reliability of the financial services and markets sector; or

    • (b)

      requirements for a body corporate to be critical to the security and reliability of the financial services and markets sector.

  • (4)

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

    • (a)

      specified entities that are critical to the security and reliability of the financial services and markets sector; or

    • (b)

      requirements for an entity to be critical to the security and reliability of the financial services and markets sector.

  • (5)

    For the purposes of subparagraph (1)(d)(ii), the rules may prescribe:

    • (a)

      specified bodies corporate that are critical to the security and reliability of the financial services and markets sector; or

    • (b)

      requirements for a body corporate to be critical to the security and reliability of the financial services and markets sector.

  • (6)

    For the purposes of subparagraph (1)(e)(ii), the rules may prescribe:

    • (a)

      specified entities that are critical to the security and reliability of the financial services and markets sector; or

    • (b)

      requirements for an entity to be critical to the security and reliability of the financial services and markets sector.

  • (7)

    For the purposes of subparagraph (1)(f)(ii), the rules may prescribe:

    • (a)

      specified bodies corporate that are critical to the security and reliability of the financial services and markets sector; or

    • (b)

      requirements for a body corporate to be critical to the security and reliability of the financial services and markets sector.