Document ID: chunk:federal_register_of_legislation:C2024A00100:clause:3_5a:p1
Version: federal_register_of_legislation:C2024A00100
Segment Type: clause
Provision Reference: sch 3 cl 5A (pt 1/2)
Character Range: 19869–22572

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
 (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