12L  Meaning of responsible entity
Critical telecommunications asset
(1)

The responsible entity for a critical telecommunications asset is:

(a)

whichever of the following is applicable:

(i)

if the critical telecommunications asset is owned or operated by a carrier—the carrier;

(ii)

if the critical telecommunications asset is owned or operated by a carriage service provider—the carriage service provider; or

(b)

if another entity is prescribed by the rules in relation to the asset—that other entity.

Critical broadcasting asset
(2)

The responsible entity for a critical broadcasting asset is:

(a)

the entity referred to in whichever of the following provisions is applicable:

(i)

subparagraph 12E(1)(a)(i);

(ii)

subparagraph 12E(1)(b)(i);

(iii)

paragraph 12E(1)(c); or

(b)

if another entity is prescribed by the rules in relation to the asset—that other entity.

Critical domain name system
(3)

The responsible entity for a critical domain name system is:

(a)

the entity referred to in paragraph 12KA(1)(a); or

(b)

if another entity is prescribed by the rules in relation to the system—that other entity.

Critical data storage or processing asset
(4)

The responsible entity for a critical data storage or processing asset is:

(a)

if the asset is covered by subsection 12F(1)—the entity referred to in paragraph 12F(1)(a); or

(b)

if the asset is covered by subsection 12F(2)—the entity referred to in paragraph 12F(2)(a); or

(c)

if another entity is prescribed by the rules in relation to the asset—that other entity.

Critical banking asset
(5)

The responsible entity for a critical banking asset is:

(a)

if the asset is covered by paragraph 12G(1)(a)—the authorised deposit‑taking institution referred to in subparagraph 12G(1)(a)(i); or

(b)

if the asset is covered by paragraph 12G(1)(b)—the body corporate referred to in subparagraph 12G(1)(b)(i); or

(c)

if another entity is prescribed by the rules in relation to the asset—that other entity.

Critical superannuation asset
(6)

The responsible entity for a critical superannuation asset is:

(a)

the RSE licensee referred to in subsection 12J(1); or

(b)

if another entity is prescribed by the rules in relation to the asset—that other entity.

Critical insurance asset
(7)

The responsible entity for a critical insurance asset is:

(a)

if the asset is covered by paragraph 12H(1)(a)—the entity referred to in subparagraph 12H(1)(a)(i); or

(b)

if the asset is covered by paragraph 12H(1)(b)—the body corporate referred to in subparagraph 12H(1)(b)(i); or

(c)

if the asset is covered by paragraph 12H(1)(c)—the entity referred to in subparagraph 12H(1)(c)(i); or

(d)

if the asset is covered by paragraph 12H(1)(d)—the body corporate referred to in subparagraph 12H(1)(d)(i); or

(e)

if the asset is covered by paragraph 12H(1)(e)—the entity referred to in subparagraph 12H(1)(e)(i); or

(f)

if the asset is covered by paragraph 12H(1)(f)—the body corporate referred to in subparagraph 12H(1)(f)(i); or

(g)

if another entity is prescribed by the rules in relation to the asset—that other entity.

Critical financial market infrastructure asset
(8)

The responsible entity for a critical financial market infrastructure asset is:

(a)

if the asset is covered by paragraph 12D(1)(a)—the body corporate referred to in subparagraph 12D(1)(a)(i); or

(b)

if the asset is covered by paragraph 12D(1)(b)—the associated entity referred to in subparagraph 12D(1)(b)(i); or

(c)

if the asset is covered by paragraph 12D(1)(c)—the body corporate referred to in subparagraph 12D(1)(c)(i); or

(d)

if the asset is covered by paragraph 12D(1)(d)—the associated entity referred to in subparagraph 12D(1)(d)(i); or

(e)

if the asset is covered by paragraph 12D(1)(e)—the body corporate referred to in subparagraph 12D(1)(e)(i); or

(f)

if the asset is covered by paragraph 12D(1)(f)—the associated entity referred to in subparagraph 12D(1)(f)(i); or

(g)

if the asset is covered by paragraph 12D(1)(g)—the body corporate referred to in subparagraph 12D(1)(g)(i); or

(h)

if the asset is covered by paragraph 12D(1)(h)—the associated entity referred to in subparagraph 12D(1)(h)(i); or

(i)

if the asset is covered by paragraph 12D(1)(i)—the entity prescribed by the rules; or

(j)

if another entity is prescribed by the rules in relation to the asset—that other entity.

Critical water asset
(9)

The responsible entity for a critical water asset is:

(a)

the water utility that holds the licence, approval or authorisation (however described), under a law of the Commonwealth, a State or a Territory, to provide the service to be delivered by the asset; or

(b)

if another entity is prescribed by the rules in relation to the asset—that other entity.

Critical electricity asset
(10)

The responsible entity for a critical electricity asset is:

(a)

the entity that holds the licence, approval or authorisation (however described) to operate the asset to provide the service to be delivered by the asset; or

(b)

if another entity is prescribed by the rules in relation to the asset—that other entity.

Critical gas asset
(11)

The responsible entity for a critical gas asset is:

(a)

the entity that holds the licence, approval or authorisation (however described) to operate the asset to provide the service to be delivered by the asset; or

(b)

if another entity is prescribed by the rules in relation to the asset—that other entity.

Critical energy market operator asset
(12)

The responsible entity for a critical energy market operator asset is:

(a)

if the asset is used by Australian Energy Market Operator Limited (ACN 072 010 327)—that company; or

(b)

if the asset is used by Power and Water Corporation—that corporation; or

(c)

if the asset is used by Regional Power Corporation—that corporation; or

(d)

if the asset is used by Electricity Networks Corporation—that corporation; or

(e)

if another entity is prescribed by the rules in relation to the asset—that other entity.

Critical liquid fuel asset
(13)

The responsible entity for a critical liquid fuel asset is:

(a)

if the asset is a liquid fuel refinery—the entity that operates the liquid fuel refinery; or

(b)

if the asset is a liquid fuel pipeline—the entity that operates the liquid fuel pipeline; or

(c)

if the asset is a liquid fuel storage facility—the entity that operates the liquid fuel storage facility; or

(d)

if another entity is prescribed by the rules in relation to the asset—that other entity.

Critical hospital
(14)

The responsible entity for a critical hospital is:

(a)

if the critical hospital is a public hospital—the local hospital network that operates the hospital; or

(b)

if the critical hospital is a private hospital—the entity that holds the licence, approval or authorisation (however described), under a law of a State or a Territory to operate the hospital; or

(c)

if another entity is prescribed by the rules in relation to the hospital—that other entity.

Critical education asset
(15)

The responsible entity for a critical education asset is:

(a)

the entity referred to in the definition of critical education asset in section 5; or

(b)

if another entity is prescribed by the rules in relation to the asset—that other entity.

Critical food and grocery asset
(16)

The responsible entity for a critical food and grocery asset is:

(a)

the entity referred to in paragraph 12K(1)(b); or

(b)

if another entity is prescribed by the rules in relation to the asset—that other entity.

Critical port
(17)

The responsible entity for a critical port is:

(a)

the port operator (within the meaning of the Maritime Transport and Offshore Facilities Security Act 2003) of the port; or

(b)

if another entity is prescribed by the rules in relation to the port—that other entity.

Critical freight infrastructure asset
(18)

The responsible entity for a critical freight infrastructure asset is:

(a)

if the Commonwealth is responsible for the management of the asset—the Commonwealth; or

(b)

if a State is responsible for the management of the asset—the State; or

(c)

if a Territory is responsible for the management of the asset—the Territory; or

(d)

if a body is:

(i)

established by a law of the Commonwealth, a State or a Territory; and

(ii)

responsible for the management of the asset;

  that body; or

(e)

if none of paragraphs (a), (b), (c), (d) and (e) apply—the entity prescribed by the rules in relation to the asset; or

(f)

if another entity is prescribed by the rules in relation to the asset—that other entity.

Critical freight services asset
(19)

The responsible entity for a critical freight services asset is:

(a)

the entity referred to in subsection 12C(1); or

(b)

if another entity is prescribed by the rules in relation to the asset—that other entity.

Critical public transport asset
(20)

The responsible entity for a critical public transport asset is:

(a)

the entity referred to in paragraph (a) of the definition of critical public transport asset in section 5; or

(b)

if another entity is prescribed by the rules in relation to the asset—that other entity.

Critical aviation asset
(21)

The responsible entity for a critical aviation asset is:

(a)

if the asset is:

(i)

used in connection with the provision of an air service; and

(ii)

owned or operated by an aircraft operator;

  the aircraft operator; or

(b)

if the asset is:

(i)

used in connection with the provision of an air service; and

(ii)

owned or operated by a regulated air cargo agent;

  the regulated air cargo agent; or

(c)

if the asset is used by an airport operator in connection with the operation of an airport—the airport operator; or

(d)

if another entity is prescribed by the rules in relation to the asset—that other entity.

Critical defence industry asset
(22)

The responsible entity for a critical defence industry asset is:

(a)

the entity referred to in paragraph (a) of the definition of critical defence industry asset; or

(b)

if another entity is prescribed by the rules in relation to the asset—that other entity.

Assets prescribed by the rules
(23)

The responsible entity for an asset prescribed by the rules in relation to the asset for the purposes of paragraph 9(1)(f) is the entity specified in the rules.

Assets declared to be a critical infrastructure asset
(24)

The responsible entity for an asset declared under section 51 to be a critical infrastructure asset is the entity specified in the declaration as the responsible entity for the asset (see subsection 51(2)).

System of national significance
(25)

If a critical infrastructure asset is a system of national significance, the responsible entity for the system of national significance is the responsible entity for the asset.