5  Definitions

  In this Act:

ABN has the same meaning as in the A New Tax System (Australian Business Number) Act 1999.

access, in relation to a computer program, means the execution of the computer program.

access to computer data means:

(a)

in a case where the computer data is held in a computer—the display of the data by the computer or any other output of the data from the computer; or

(b)

in a case where the computer data is held in a computer—the copying or moving of the data to:

(i)

any other location in the computer; or

(ii)

another computer; or

(iii)

a data storage device; or

(c)

in a case where the computer data is held in a data storage device—the copying or moving of the data to:

(i)

a computer; or

(ii)

another data storage device.

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

adverse security assessment has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979.

aircraft operator has the same meaning as in the Aviation Transport Security Act 2004.

airport has the same meaning as in the Aviation Transport Security Act 2004.

airport operator has the same meaning as in the Aviation Transport Security Act 2004.

air service has the same meaning as in the Aviation Transport Security Act 2004.

appointed officer, for an unincorporated foreign company, means:

(a)

the secretary of the company; or

(b)

an officer of the company appointed to hold property on behalf of the company.

approved form means a form approved by the Secretary.

approved staff member of the authorised agency has the meaning given by section 35BJ.

ASD means the Australian Signals Directorate.

asset includes:

(a)

a system; and

(b)

a network; and

(c)

a facility; and

(d)

a computer; and

(e)

a computer device; and

(f)

a computer program; and

(g)

computer data; and

(h)

premises; and

(i)

any other thing.

associate has the meaning given by section 8B.

associated entity has the same meaning as in the Corporations Act 2001.

associated transmission facility means:

(a)

an antenna; or

(b)

a combiner; or

(c)

a feeder system; or

(d)

an apparatus; or

(e)

an item of equipment; or

(f)

a structure; or

(g)

a line; or

(h)

an electricity cable or wire;

that is associated with a radiocommunications transmitter.

AusCheck scheme has the same meaning as in the AusCheck Act 2007.

Australia, when used in a geographical sense, includes the external Territories.

Australian CS facility licence has the same meaning as in the Corporations Act 2001.

Australian derivative trade repository licence has the same meaning as in the Corporations Act 2001.

Australian market licence has the same meaning as in the Corporations Act 2001.

Australian waters has the same meaning as in Schedule 3A to the Telecommunications Act 1997.

authorised agency means ASD.

authorised APS employee means an APS employee in the Department in respect of whom an authorisation under section 44A is in force.

authorised deposit‑taking institution has the same meaning as in the Banking Act 1959.

background check has the same meaning as in the AusCheck Act 2007.

banking business has the same meaning as in the Banking Act 1959.

benchmark administrator licence has the same meaning as in the Corporations Act 2001.

broadcasting re‑transmission asset means:

(a)

a radiocommunications transmitter; or

(b)

a broadcasting transmission tower; or

(c)

an associated transmission facility;

that is used in connection with the transmission of a service to which, as a result of section 212 of the Broadcasting Services Act 1992, the regulatory regime established by that Act does not apply.

broadcasting service has the same meaning as in the Broadcasting Services Act 1992.

broadcasting transmission asset means:

(a)

a radiocommunications transmitter; or

(b)

a broadcasting transmission tower; or

(c)

an associated transmission facility;

that is used, or is capable of being used, in connection with the transmission of:

(d)

a national broadcasting service; or

(e)

a commercial radio broadcasting service; or

(f)

a commercial television broadcasting service.

broadcasting transmission tower has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.

business critical data means:

(a)

personal information (within the meaning of the Privacy Act 1988) that relates to at least 20,000 individuals; or

(b)

information relating to any research and development in relation to a critical infrastructure asset; or

(c)

information relating to any systems needed to operate a critical infrastructure asset; or

(d)

information needed to operate a critical infrastructure asset; or

(e)

information relating to risk management and business continuity (however described) in relation to a critical infrastructure asset.

carriage service has the same meaning as in the Telecommunications Act 1997.

carriage service provider has the same meaning as in the Telecommunications Act 1997.

carrier has the same meaning as in the Telecommunications Act 1997.

chief executive of the authorised agency means the Director‑General of ASD.

civil penalty provision has the same meaning as in the Regulatory Powers Act.

clearing and settlement facility has the same meaning as in the Corporations Act 2001.

commencing day means the day this Act commences.

commercial radio broadcasting service has the same meaning as in the Broadcasting Services Act 1992.

commercial television broadcasting service has the same meaning as in the Broadcasting Services Act 1992.

communications sector means the sector of the Australian economy that involves:

(a)

supplying a carriage service; or

(b)

providing a broadcasting service; or

(c)

owning or operating assets that are used in connection with the supply of a carriage service; or

(d)

owning or operating assets that are used in connection with the transmission of a broadcasting service; or

(e)

administering an Australian domain name system.

computer means all or part of:

(a)

one or more computers; or

(b)

one or more computer systems; or

(c)

one or more computer networks; or

(d)

any combination of the above.

computer data means data held in:

(a)

a computer; or

(b)

a data storage device.

computer device means a device connected to a computer.

confidential commercial information means the following:

(a)

information relating to trade secrets;

(b)

other information that has a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were communicated.

connected includes connection otherwise than by means of physical contact, for example, a connection by means of radiocommunication.

constable has the same meaning as in the Crimes Act 1914.

corporate entity means an entity other than an individual.

credit facility has the meaning given by regulations made for the purposes of paragraph 12BAA(7)(k) of the Australian Securities and Investments Commission Act 2001.

credit facility business means a business that offers, or provides services in relation to, a credit facility.

critical aviation asset means:

(a)

an asset that:

(i)

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

(ii)

is owned or operated by an aircraft operator; or

(b)

an asset that:

(i)

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

(ii)

is owned or operated by a regulated air cargo agent; or

(c)

an asset that is used by an airport operator in connection with the operation of an airport.

Note: The rules may prescribe that a specified critical aviation asset is not a critical infrastructure asset (see section 9).

critical banking asset has the meaning given by section 12G.

Note: The rules may prescribe that a specified critical banking asset is not a critical infrastructure asset (see section 9).

critical broadcasting asset has the meaning given by section 12E.

Note: The rules may prescribe that a specified critical broadcasting asset is not a critical infrastructure asset (see section 9).

critical component of a critical infrastructure asset, means a part of the asset, where absence of, damage to, or compromise of, the part of the asset:

(a)

would prevent the proper function of the asset; or

(b)

could cause significant damage to the asset;

as assessed by the responsible entity for the asset.

critical data storage or processing asset has the meaning given by section 12F.

Note: The rules may prescribe that a specified critical data storage or processing asset is not a critical infrastructure asset (see section 9).

critical defence capability includes:

(a)

materiel; and

(b)

technology; and

(c)

a platform; and

(d)

a network; and

(e)

a system; and

(f)

a service;

that is required in connection with:

(g)

the defence of Australia; or

(h)

national security.

critical defence industry asset means an asset that:

(a)

is being, or will be, supplied by an entity to the Defence Department, or the Australian Defence Force, under a contract; and

(b)

consists of, or enables, a critical defence capability.

Note: The rules may prescribe that a specified critical defence industry asset is not a critical infrastructure asset (see section 9).

critical domain name system has the meaning given by section 12KA.

Note: The rules may prescribe that a specified critical domain name system is not a critical infrastructure asset (see section 9).

critical education asset means an asset that:

(a)

is owned or operated by an entity that is registered in the Australian university category of the National Register of Higher Education Providers; and

(b)

is used in connection with undertaking a program of research that is critical to:

(i)

a critical infrastructure sector (other than the higher education and research sector); or

(ii)

the defence of Australia; or

(iii)

national security.

Note: The rules may prescribe that a specified critical education asset is not a critical infrastructure asset (see section 9).

critical electricity asset has the meaning given by section 10.

critical energy market operator asset means an asset that:

(a)

is owned or operated by:

(i)

Australian Energy Market Operator Limited (ACN 072 010 327); or

(ii)

Power and Water Corporation; or

(iii)

Regional Power Corporation; or

(iv)

Electricity Networks Corporation; and

(b)

is used in connection with the operation of an energy market or system; and

(c)

is critical to ensuring the security and reliability of an energy market or system;

but does not include:

(d)

a critical electricity asset; or

(e)

a critical gas asset; or

(f)

a critical liquid fuel asset.

Note: The rules may prescribe that a specified critical energy market operator asset is not a critical infrastructure asset (see section 9).

critical financial market infrastructure asset has the meaning given by section 12D.

Note: The rules may prescribe that a specified critical financial market infrastructure asset is not a critical infrastructure asset (see section 9).

critical food and grocery asset has the meaning given by section 12K.

Note: The rules may prescribe that a specified critical food and grocery asset is not a critical infrastructure asset (see section 9).

critical freight infrastructure asset has the meaning given by section 12B.

Note: The rules may prescribe that a specified critical freight infrastructure asset is not a critical infrastructure asset (see section 9).

critical freight services asset has the meaning given by section 12C.

Note: The rules may prescribe that a specified critical freight services asset is not a critical infrastructure asset (see section 9).

critical gas asset has the meaning given by section 12.

critical hospital means a hospital that has a general intensive care unit.

Note: The rules may prescribe that a specified critical hospital is not a critical infrastructure asset (see section 9).

critical infrastructure asset has the meaning given by section 9.

critical infrastructure risk management program has the meaning given by section 30AH.

critical infrastructure sector has the meaning given by section 8D.

critical infrastructure sector asset has the meaning given by subsection 8E(1).

critical insurance asset has the meaning given by section 12H.

Note: The rules may prescribe that a specified critical insurance asset is not a critical infrastructure asset (see section 9).

critical liquid fuel asset has the meaning given by section 12A.

Note: The rules may prescribe that a specified critical liquid fuel asset is not a critical infrastructure asset (see section 9).

critical port has the meaning given by section 11.

critical public transport asset means a public transport network or system that:

(a)

is managed by a single entity; and

(b)

is capable of handling at least 5 million passenger journeys per month;

but does not include a critical aviation asset.

Note 1: The rules may prescribe that a specified critical public transport asset is not a critical infrastructure asset (see section 9).

Note 2: A critical public transport asset that is owned or operated by a carrier may also be a critical telecommunications asset.

critical superannuation asset has the meaning given by section 12J.

Note: The rules may prescribe that a specified critical superannuation asset is not a critical infrastructure asset (see section 9).

critical telecommunications asset means:

(a)

a telecommunications network that is:

(i)

owned or operated by a carrier or a carriage service provider; and

(ii)

used to supply a carriage service; or

(b)

any other asset that is:

(i)

owned or operated by a carrier or a carriage service provider; and

(ii)

used in connection with the supply of a carriage service.

Note: The rules may prescribe that a specified critical telecommunications asset is not a critical infrastructure asset (see section 9).

critical water asset means one or more water or sewerage systems or networks that:

(a)

are managed by a single water utility; and

(b)

ultimately deliver services to at least 100,000 water connections or 100,000 sewerage connections.

Note: The rules may prescribe that a specified critical water asset is not a critical infrastructure asset (see section 9).

critical worker means an individual, where the following conditions are satisfied:

(a)

the individual is an employee, intern, contractor or subcontractor of the responsible entity for a critical infrastructure asset to which Part 2A applies;

(b)

the absence or compromise of the individual:

(i)

would prevent the proper function of the asset; or

(ii)

could cause significant damage to the asset;

  as assessed by the responsible entity for the asset;

(c)

the individual has access to, or control and management of, a critical component of the asset.

custodial or depository service has the same meaning as in the Corporations Act 2001.

cyber security exercise has the meaning given by section 30CN.

cyber security incident has the meaning given by section 12M.

data includes information in any form.

data storage means data storage that involves information technology, and includes data back‑up.

data storage device means a thing (for example, a disk or file server) containing (whether temporarily or permanently), or designed to contain (whether temporarily or permanently), data for use by a computer.

data storage or processing provider means an entity that provides a data storage or processing service.

data storage or processing sector means the sector of the Australian economy that involves providing data storage or processing services.

data storage or processing service means:

(a)

a service that:

(i)

enables end‑users to store or back‑up data; and

(ii)

is provided on a commercial basis; or

(b)

a data processing service that:

(i)

involves the use of one or more computers; and

(ii)

is provided on a commercial basis; or

(c)

a service that is specified in the rules.

However, the rules may prescribe that a specified service is not a data storage or processing service.

Note: For prescription by class, see subsection 13(3) of the Legislation Act 2003.

Defence Department means the Department of State that deals with defence and that is administered by the Defence Minister.

defence industry sector means the sector of the Australian economy that involves the provision of critical defence capabilities.

Defence Minister means the Minister administering section 1 of the Defence Act 1903.

derivative trade repository has the same meaning as in the Corporations Act 2001.

designated officer has the meaning given by section 30DQ.

direct interest holder, in relation to an asset, has the meaning given by section 8.

Electricity Networks Corporation means the Electricity Networks Corporation established by section 4 of the Electricity Corporations Act 2005 (WA).

electronic communication means a communication of information in any form by means of guided or unguided electromagnetic energy.

energy sector means the sector of the Australian economy that involves:

(a)

the production, transmission, distribution or supply of electricity; or

(b)

the production, processing, transmission, distribution or supply of gas; or

(c)

the production, processing, transmission, distribution or supply of liquid fuel.

engage in conduct means:

(a)

do an act or thing; or

(b)

omit to perform an act or thing.

entity means any of the following:

(a)

an individual, whether or not resident in Australia or an Australian citizen;

(b)

a body corporate, whether or not formed, or carrying on business, in Australia;

(c)

a body politic, whether or not an Australian body politic;

(d)

a partnership, whether or not formed in Australia;

(e)

a trust, whether or not created in Australia;

(f)

a superannuation fund, whether or not created in Australia;

(g)

an unincorporated foreign company.

Note: See Division 2 of Part 7 for how this Act applies to partnerships, trusts, superannuation funds and unincorporated foreign companies.

evaluation report has the meaning given by section 30CS.

external auditor means a person authorised under section 30CT to be an external auditor for the purposes of this Act.

financial benchmark has the same meaning as in the Corporations Act 2001.

financial market has the same meaning as in Chapter 7 of the Corporations Act 2001.

financial services and markets sector means the sector of the Australian economy that involves:

(a)

carrying on banking business; or

(b)

operating a superannuation fund; or

(c)

carrying on insurance business; or

(d)

carrying on life insurance business; or

(e)

carrying on health insurance business; or

(f)

operating a financial market; or

(g)

operating a clearing and settlement facility;

(h)

operating a derivative trade repository; or

(i)

administering a financial benchmark; or

(j)

operating a payment system; or

(k)

carrying on business of providing financial services (within the meaning of the Corporations Act 2001); or

(l)

carrying on credit facility business.

First Minister means the Premier of a State, or the Chief Minister of the Australian Capital Territory or the Northern Territory.

food means food for human consumption.

food and grocery sector means the sector of the Australian economy that involves:

(a)

manufacturing; or

(b)

processing; or

(c)

packaging; or

(d)

distributing; or

(e)

supplying;

food or groceries on a commercial basis.

gas means a substance that:

(a)

is in a gaseous state at standard temperature and pressure; and

(b)

consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non‑hydrocarbons, the principal constituent of which is methane; and

(c)

is suitable for consumption.

general intensive care unit means an area within a hospital that:

(a)

is equipped and staffed so that it is capable of providing to a patient:

(i)

mechanical ventilation for a period of several days; and

(ii)

invasive cardiovascular monitoring; and

(b)

is supported by:

(i)

during normal working hours—at least one specialist, or consultant physician, in the specialty of intensive care, who is immediately available, and exclusively rostered, to that area; and

(ii)

at all times—at least one medical practitioner who is present in the hospital and immediately available to that area; and

(iii)

at least 18 hours each day—at least one nurse; and

(c)

has admission and discharge policies in operation.

government business enterprise has the same meaning as in the Public Governance, Performance and Accountability Act 2013.

grace period, for an asset, means:

(a)

for an asset that is, or will be, a critical infrastructure asset at the end of the period of 6 months starting on the commencing day—that 6 month period; or

(b)

for an asset that becomes a critical infrastructure asset after the end of the period mentioned in paragraph (a)—the period of 6 months starting on the day the asset becomes a critical infrastructure asset.

health care includes:

(a)

services provided by individuals who practise in any of the following professions or occupations:

(i)

dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);

(ii)

medical;

(iii)

medical radiation practice;

(iv)

nursing;

(v)

midwifery;

(vi)

occupational therapy;

(vii)

optometry;

(viii)

pharmacy;

(ix)

physiotherapy;

(x)

podiatry;

(xi)

psychology;

(xii)

a profession or occupation specified in the rules; and

(b)

treatment and maintenance as a patient at a hospital.

health care and medical sector means the sector of the Australian economy that involves:

(a)

the provision of health care; or

(b)

the production, distribution or supply of medical supplies.

health insurance business has the same meaning as in the Private Health Insurance Act 2007.

higher education and research sector means the sector of the Australian economy that involves undertaking a program of research that is:

(a)

supported financially (in whole or in part) by the Commonwealth; and

(b)

critical to:

(i)

a critical infrastructure sector (other than the higher education and research sector); or

(ii)

national security; or

(iii)

the defence of Australia.

higher education provider has the same meaning as in the Tertiary Education Quality and Standards Agency Act 2011.

holding entity has the meaning given by subsection 8C(2).

hospital has the same meaning as in the Private Health Insurance Act 2007.

IGIS official means:

(a)

the Inspector‑General of Intelligence and Security; or

(b)

any other person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986.

impairment of electronic communication to or from a computer includes:

(a)

the prevention of any such communication; and

(b)

the impairment of any such communication on an electronic link or network used by the computer;

but does not include a mere interception of any such communication.

incident response plan has the meaning given by section 30CJ.

influence or control has a meaning affected by section 8A.

inland waters means waters within Australia other than waters of the sea.

insurance business has the same meaning as in the Insurance Act 1973.

interest in an asset means a legal or equitable interest in the asset.

interest and control information, in relation to an entity and an asset, has the meaning given by section 6.

international relations means political, military and economic relations with foreign governments and international organisations.

internet carriage service means a listed carriage service that enables end‑users to access the internet.

life insurance business has the same meaning as in the Life Insurance Act 1995.

liquid fuel has the same meaning as in the Liquid Fuel Emergency Act 1984.

listed carriage service has the same meaning as in the Telecommunications Act 1997.

local hospital network has the same meaning as in the National Health Reform Act 2011.

managed service provider, in relation to an asset, means an entity that:

(a)

manages:

(i)

the asset; or

(ii)

a part of the asset; or

(b)

manages an aspect of:

(i)

the asset; or

(ii)

a part of the asset; or

(c)

manages an aspect of the operation of:

(i)

the asset; or

(ii)

a part of the asset.

medical supplies includes:

(a)

goods for therapeutic use; and

(b)

things specified in the rules.

Ministerial authorisation means an authorisation under section 35AB.

modification:

(a)

in respect of computer data—means:

(i)

the alteration or removal of the data; or

(ii)

an addition to the data; or

(b)

in respect of a computer program—means:

(i)

the alteration or removal of the program; or

(ii)

an addition to the program.

moneylending agreement has the meaning given by subsection 8(3).

national broadcasting service has the same meaning as in the Broadcasting Services Act 1992.

National Register of Higher Education Providers means the register established and maintained under section 198 of the Tertiary Education Quality and Standards Agency Act 2011.

national security means Australia’s defence, security or international relations.

notifiable equipment has the same meaning as in the Telecommunications (Interception and Access) Act 1979.

notifiable event has the meaning given by section 26.

notification provision means:

(aa)

subsection 30EC(4); or

(ab)

subsection 30EC(6); or

(ac)

subsection 30ED(3); or

(ad)

subsection 30ED(4); or

(ae)

subsection 30EF(4); or

(a)

subsection 35AE(3); or

(b)

subsection 35AE(4); or

(c)

subsection 35AE(5); or

(d)

subsection 35AE(6); or

(e)

subsection 35AE(7); or

(f)

subsection 35AE(8); or

(g)

subsection 35AH(5); or

(h)

subsection 35AH(6); or

(i)

subsection 35AH(7); or

(j)

subsection 35AY(3); or

(k)

subsection 35AY(4); or

(l)

subsection 35AY(5); or

(m)

subsection 35AY(6); or

(n)

subsection 35AY(7); or

(o)

subsection 35AY(8); or

(p)

subsection 51(3); or

(q)

subsection 52(4); or

(r)

subsection 52B(3).

Ombudsman official means:

(a)

the Ombudsman; or

(b)

a Deputy Commonwealth Ombudsman; or

(c)

a person who is a member of the staff referred to in subsection 31(1) of the Ombudsman Act 1976.

operational information, in relation to an asset, has the meaning given by section 7.

operator, of an asset, means:

(a)

for a critical port—a port facility operator (within the meaning of the Maritime Transport and Offshore Facilities Security Act 2003) of a port facility within the port; or

(b)

for a critical infrastructure asset other than a critical port—an entity that operates the asset or part of the asset.

Note: For some assets, an operator of the asset is also the responsible entity for the asset.

Outer Space Treaty means the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and other Celestial Bodies, done at London, Moscow and Washington on 27 January 1967, as amended and in force for Australia from time to time.

Note: The Treaty is in Australian Treaty Series 1967 No. 24 ([1967] ATS 24) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

payment system has the same meaning as in the Payment Systems (Regulation) Act 1998.

port facility has the same meaning as in the Maritime Transport and Offshore Facilities Security Act 2003.

Power and Water Corporation means the Power and Water Corporation established by section 4 of the Power and Water Corporation Act 1987 (NT).

protected information has the meaning given by section 5A.

radiocommunications transmitter has the same meaning as in the Radiocommunications Act 1992.

regional centre means a city, or a town that has a population of 10,000 or more people.

Regional Power Corporation means the Regional Power Corporation established by section 4 of the Electricity Corporations Act 2005 (WA).

Register means the Register of Critical Infrastructure Assets kept by the Secretary under section 19.

regulated air cargo agent has the same meaning as in the Aviation Transport Security Act 2004.

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

related body corporate has the same meaning as in the Corporations Act 2001.

related company group means a group of 2 or more bodies corporate, where each member of the group is related to each other member of the group. For this purpose, the question whether a body corporate is related to another body corporate is to be determined in the same manner as that question is determined under the Corporations Act 2001.

relevant Commonwealth regulator means:

(a)

a Department that is specified in the rules; or

(b)

a body that is:

(i)

established by a law of the Commonwealth; and

(ii)

specified in the rules.

relevant entity, in relation to an asset, means an entity that:

(a)

is the responsible entity for the asset; or

(b)

is a direct interest holder in relation to the asset; or

(c)

is an operator of the asset; or

(d)

is a managed service provider for the asset.

relevant impact has the meaning given by section 8G.

relevant information has the meaning given by section 5A.

relevant official has the meaning given by section 30AI.

reporting entity, for an asset, means either of the following:

(a)

the responsible entity for the asset;

(b)

a direct interest holder in relation to the asset.

Note: An entity may be both the responsible entity for an asset and a direct interest holder in relation to the asset.

responsible entity, for an asset, has the meaning given by section 12L.

RSE licensee has the same meaning as in the Superannuation Industry (Supervision) Act 1993.

rules means the rules made by the Minister under section 61.

satellite‑based facility has the same meaning as in the Telecommunications Act 1997.

Secretary means the Secretary of the Department.

security (other than in references to national security):

(a)

subject to paragraph (b)—has the same meaning as in the Australian Security Intelligence Organisation Act 1979; and

(b)

in the definitions of critical energy market operator asset and protected information and sections 10, 12, 12A, 12D, 12G, 12H, 12J, 12M, 12N, 30AG, 30AQ, 30CB, 30CM, 30CR, 30CU, 30CW and 42AA—has its ordinary meaning.

security regulated port has the same meaning as in the Maritime Transport and Offshore Facilities Security Act 2003.

Note: Security regulated ports are declared under section 13 of the Maritime Transport and Offshore Facilities Security Act 2003.

senior officer of a corporate entity means:

(a)

for a body corporate—a director of the body corporate; or

(b)

for a unit trust:

(i)

the trustee of which is an individual—the trustee; and

(ii)

the trustee of which is a body corporate—a director of the trustee; and

(iii)

in any case—any other individual involved in the central management and control of the trust; or

(c)

an individual who is, or an individual in a group of individuals who are, in a position to determine the investments or policy of the entity or a trustee of the entity; or

(d)

an individual who makes, or participates in making, decisions that affect the whole, or a substantial part of, the business of the entity; or

(e)

an individual who has the capacity to affect significantly the financial standing of the entity.

serious deficiency has the meaning given by section 30AI.

significant financial benchmark has the same meaning as in the Corporations Act 2001.

space technology sector means the sector of the Australian economy that involves the commercial provision of space‑related services.

Note 1: The following are examples of space‑related services:

(a)

position, navigation and timing services in relation to space objects;

(b)

space situational awareness services;

(c)

space weather monitoring and forecasting;

(d)

communications, tracking, telemetry and control in relation to space objects;

(e)

remote sensing earth observations from space;

(f)

facilitating access to space.

Note 2: A critical telecommunications asset that is owned or operated by a carrier may be part of the space technology sector.

staff member, in relation to the authorised agency, means a staff member of ASD (within the meaning of the Intelligence Services Act 2001).

submarine cable has the same meaning as in Schedule 3A to the Telecommunications Act 1997.

subsidiary has the meaning given by subsection 8C(1).

superannuation fund has the meaning given by section 10 of the Superannuation Industry (Supervision) Act 1993.

system information event‑based reporting notice means a notice under subsection 30DC(2).

system information periodic reporting notice means a notice under subsection 30DB(2).

system information software notice means a notice under subsection 30DJ(2).

system of national significance has the meaning given by section 52B.

technical assistance notice has the same meaning as in Part 15 of the Telecommunications Act 1997.

technical assistance request has the same meaning as in Part 15 of the Telecommunications Act 1997.

technical capability notice has the same meaning as in Part 15 of the Telecommunications Act 1997.

telecommunications network has the same meaning as in the Telecommunications Act 1997.

telecommunications service has the same meaning as in the Telecommunications (Interception and Access) Act 1979.

telecommunications system has the same meaning as in the Telecommunications (Interception and Access) Act 1979.

therapeutic use has the same meaning as in the Therapeutic Goods Act 1989.

this Act includes the rules.

transport sector means the sector of the Australian economy that involves:

(a)

owning or operating assets that are used in connection with the transport of goods or passengers on a commercial basis; or

(b)

the transport of goods or passengers on a commercial basis.

unauthorised access, modification or impairment has the meaning given by section 12N.

unincorporated foreign company means a body covered by paragraph (b) of the definition of foreign company in section 9 of the Corporations Act 2001.

vulnerability assessment has the meaning given by section 30CY.

vulnerability assessment report has the meaning given by section 30DA.

water and sewerage sector means the sector of the Australian economy that involves:

(a)

operating water or sewerage systems or networks; or

(b)

manufacturing or supplying goods, or providing services, for use in connection with the operation of water or sewerage systems or networks.

water utility means an entity that holds a licence, approval or authorisation (however described), under a law of the Commonwealth, a State or a Territory, to provide water services or sewerage services, or both.