Document ID: chunk:federal_register_of_legislation:C2025C00045:section:9:p2
Version: federal_register_of_legislation:C2025C00045
Segment Type: section
Provision Reference: s 9 (pt 2/3)
Character Range: 76293–79124

body corporate established by a law of the Commonwealth (other than a government business enterprise);
the asset is not a critical infrastructure asset unless:
 (c) the asset is declared under section 51 to be a critical infrastructure asset; or
 (d) the asset is prescribed by the rules for the purposes of paragraph (1)(f).
 (2B) An asset is not a critical infrastructure asset if, or to the extent to which, the asset is located outside Australia.

Prescribing an asset as a critical infrastructure asset
 (3) The Minister must not prescribe an asset for the purposes of paragraph (1)(f) unless the Minister is satisfied that:
 (a) the asset is critical to:
 (i) the social or economic stability of Australia or its people; or
 (ii) the defence of Australia; or
 (iii) national security; and
 (b) the asset relates to a critical infrastructure sector.

Consultation with State and Territory Ministers
 (4) The Minister (the Commonwealth Minister) also must not prescribe the asset unless the Commonwealth Minister has:
 (a) consulted the following persons (the consulted Minister):
 (i) the First Minister of the State, the Australian Capital Territory or the Northern Territory in which the critical infrastructure asset is wholly or partly located;
 (ii) each Minister of a State, the Australian Capital Territory, or the Northern Territory, who has responsibility for the regulation or oversight of the relevant critical infrastructure sector in that State or Territory; and
 (b) given each consulted Minister written notice of the proposal to prescribe the asset; and
 (c) had regard to any representations given by a consulted Minister under subsection (5) within the period specified for that purpose.
 (5) The notice must invite each consulted Minister to make written representations to the Commonwealth Minister in relation to the proposal to prescribe the asset within the period specified in the notice, which must be:
 (a) at least 28 days after the notice is given; or
 (b) a shorter period if the Commonwealth Minister considers the shorter period is necessary because of urgent circumstances.
 (6) Subsection (4) does not limit the persons with whom the Commonwealth Minister may consult.

Data storage systems
 (7) If, under this section, an asset is a critical infrastructure asset, then a data storage system in respect of which all of the following requirements are satisfied is taken to be part of the critical infrastructure asset:
 (a) the responsible entity for the critical infrastructure asset owns or operates the data storage system;
 (b) the data storage system is used, or is to be used, in connection with the critical infrastructure asset;
 (c) business critical data is stored, or is processed in or by, the data storage system (whether or not other information is also stored, or is processed in