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.