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.