Meaning of protected information and relevant information
5A Meaning of protected information and relevant information
Protected information
Protected information is relevant information:
the disclosure of which would or could reasonably be expected to prejudice national security or the defence of Australia; or
the disclosure of which would or could reasonably be expected to prejudice the social or economic stability of Australia or its people; or
that contains, or is, confidential commercial information; or
the disclosure of which would or could reasonably be expected to prejudice the availability, integrity, reliability or security of a critical infrastructure asset.
A document or information is protected information if it:
was a document or information to which subsection (1) applied; and
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
Relevant information is:
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
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:
records or is the fact that an asset is declared under section 51 to be a critical infrastructure asset; or
records or is the fact that an asset is declared under section 52B to be a system of national significance; or
records or is the fact that the Minister has:
given a Ministerial authorisation; or
revoked a Ministerial authorisation; or
is, or is included in, a critical infrastructure risk management program that is adopted by an entity in compliance with section 30AC; or
is, or is included in, a report that is given under section 30AG or 30AQ; or
is, or is included in, a report under section 30BC or 30BD; or
is, or is included in, an incident response plan adopted by an entity in compliance with section 30CD; or
is, or is included in, an evaluation report prepared under section 30CQ or 30CR; or
is, or is included in, a vulnerability assessment report prepared under section 30CZ; or
is, or is included in, a report prepared in compliance with:
a system information periodic reporting notice; or
a system information event‑based reporting notice; or
records or is the fact that the Minister has:
given a direction under subsection 30EF(1); or
revoked such a direction; or
records or is the fact that the Minister has:
given a direction under subsection 32(2); or
revoked such a direction; or
records or is the fact that the Secretary has:
given a direction under section 35AK; or
revoked such a direction; or
records or is the fact that the Secretary has:
given a direction under section 35AQ; or
revoked such a direction; or
records or is the fact that the Secretary has:
given a request under section 35AX; or
revoked such a request.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.