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.