Security of Critical Infrastructure Act 2018

An asset is a critical data storage or processing asset if:

it is owned or operated by an entity that is a data storage or processing provider; and

it is used wholly or primarily to provide a data storage or processing service that relates to business critical data and that is provided by the entity to an end‑user that is:

the Commonwealth; or

a body corporate established by a law of the Commonwealth; or

a State; or

a body corporate established by a law of a State; or

a Territory; or

a body corporate established by a law of a Territory; and

the entity knows that the asset is used as described in paragraph (b); and

the asset is not a critical infrastructure asset that is covered by a paragraph of subsection 9(1) (other than paragraph 9(1)(d)).

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

A critical data storage or processing asset that is owned or operated by a carrier may also be a critical telecommunications asset.

An asset is a critical data storage or processing asset if:

it is owned or operated by an entity that is a data storage or processing provider; and

it is used wholly or primarily to provide a data storage or processing service that:

is provided by the entity to an end‑user that is the responsible entity for a critical infrastructure asset; and

relates to business critical data; and

the entity knows that the asset is used as described in paragraph (b); and

the asset is not a critical infrastructure asset that is covered by a paragraph of subsection 9(1) (other than paragraph 9(1)(d)).

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

A critical data storage or processing asset that is owned or operated by a carrier may also be a critical telecommunications asset.

If:

an entity (the first entity) is the responsible entity for a critical infrastructure asset; and

the first entity becomes aware that a data storage or processing service:

is provided by another entity on a commercial basis to the first entity; and

relates to business critical data;

take reasonable steps to inform that other entity that the first entity has become aware that the data storage or processing service:

is provided by the other entity on a commercial basis to the first entity; and

relates to business critical data; and

do so as soon as practicable after becoming so aware.