Document ID: chunk:federal_register_of_legislation:F2024C01132:reg:6a:p1
Version: federal_register_of_legislation:F2024C01132
Segment Type: reg
Provision Reference: reg 6A (pt 1/3)
Character Range: 54573–57376

6A  Thematic designation of persons or entities or declaration of persons

Proliferation of weapons of mass destruction
 (1) For the purposes of paragraph 10(1)(a) of the Act, the Minister may, by legislative instrument, do either or both of the following:
 (a) designate a person or entity as a designated person or entity if the Minister is satisfied that the person or entity is contributing to the proliferation of weapons of mass destruction;
 (b) declare a person for the purpose of preventing the person from travelling to, entering or remaining in Australia if the Minister is satisfied that the person is contributing to the proliferation of weapons of mass destruction.

Significant cyber incidents
 (2) For the purposes of paragraph 10(1)(a) of the Act, the Minister may, by legislative instrument, do either or both of the following:
 (a) designate a person or entity as a designated person or entity if the Minister is satisfied that the person or entity:
 (i) has caused, or attempted to cause, a significant cyber incident; or
 (ii) has assisted with causing, or with attempting to cause, a significant cyber incident; or
 (iii) has otherwise been complicit in causing, or in attempting to cause, a significant cyber incident;
 (b) declare a person for the purpose of preventing the person from travelling to, entering or remaining in Australia if the Minister is satisfied that the person:
 (i) has caused, or attempted to cause, a significant cyber incident; or
 (ii) has assisted with causing, or with attempting to cause, a significant cyber incident; or
 (iii) has otherwise been complicit in causing, or in attempting to cause, a significant cyber incident.
 (3) For the purposes of this regulation, in deciding whether the Minister is satisfied that a cyber incident was, or would have been, significant, the Minister may have regard to the following matters:
 (a) whether the conduct of the person or entity was malicious;
 (b) in the case of a cyber incident that has occurred—whether the incident involved any of the following:
 (i) actions that destroyed, degraded or rendered unavailable an essential service or critical infrastructure;
 (ii) actions that resulted in the loss of a person's life, or caused serious risk of loss of a person's life;
 (iii) theft of intellectual property, trade secrets or confidential business information for the purposes of gaining a competitive advantage for an entity or a commercial sector;
 (iv) interference with a political or governmental process, the exercise of a political right or duty, or the functions or operations of a parliament;
 (c) in the case of a cyber incident that has been attempted but has not occurred—whether the Minister is satisfied that, if the incident had occurred, the incident could reasonably be expected to