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##### <strong>5A  Meaning of </strong><em><strong>protected information</strong></em><strong> and </strong><em><strong>relevant information</strong></em>

###### <em>Protected information</em>

- \(1\) <em><strong>Protected information</strong></em>&#32;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&#32;<em><strong>protected information </strong></em>if it:

    - \(a\) was a document or information to which subsection&#160;\(1\) applied; and

    - \(b\) is obtained by a person by way of an authorised disclosure under Division&#160;3 of Part&#160;4 or in accordance with section&#160;46\.

###### <em>Relevant information</em>

- \(3\) <em><strong>Relevant information</strong></em>&#32;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&#160;51 to be a critical infrastructure asset; or

    - \(d\) records or is the fact that an asset is declared under section&#160;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&#160;30AC; or

    - \(g\) is, or is included in, a report that is given under section&#160;30AG or 30AQ; or

    - \(h\) is, or is included in, a report under section&#160;30BC or 30BD; or

    - \(i\) is, or is included in, an incident response plan adopted by an entity in compliance with section&#160;30CD; or

    - \(j\) is, or is included in, an evaluation report prepared under section&#160;30CQ or 30CR; or

    - \(k\) is, or is included in, a vulnerability assessment report prepared under section&#160;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

    - \(la\) records or is the fact that the Minister has:

        - \(i\) given a direction under subsection&#160;30EF\(1\); or

        - \(ii\) revoked such a direction; or

    - \(m\) records or is the fact that the Minister has:

        - \(i\) given a direction under subsection&#160;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&#160;35AK; or

        - \(ii\) revoked such a direction; or

    - \(o\) records or is the fact that the Secretary has:

        - \(i\) given a direction under section&#160;35AQ; or

        - \(ii\) revoked such a direction; or

    - \(p\) records or is the fact that the Secretary has:

        - \(i\) given a request under section&#160;35AX; or

        - \(ii\) revoked such a request\.

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## Source and attribution

Saved copy: C2018A00029 / C2026C00213 / f578e546a17068939a3a5a928474713f844dfae8

Scope: navPoint\_9

Compiled 2026\-06\-04\. This does not establish legal commencement\.

Official source: https://www\.legislation\.gov\.au/C2018A00029/2026\-06\-04/2026\-06\-04/text/1/epub/OEBPS/document\_1/document\_1\.html

Licence: https://creativecommons\.org/licenses/by/4\.0/

Based on content from the Federal Register of Legislation at 1 October 2026\. For the latest information on Australian Government legislation please go to https://www\.legislation\.gov\.au\.

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