Security of Critical Infrastructure Act 2018

The following information is interest and control information in relation to an entity (the first entity) and an asset (subject to subsection (3)):

the name of the first entity;

if applicable, the ABN of the first entity, or other similar business number (however described) if the first entity was incorporated, formed or created (however described) outside Australia;

for an entity other than an individual:

the address of the first entity’s head office or principal place of business; and

the country in which the first entity was incorporated, formed or created (however described);

for an entity that is an individual:

the residential address of the first entity; and

the country in which the first entity usually resides; and

the country or countries of which the first entity is a citizen;

the type and level of the interest the first entity holds in the asset;

information about the influence or control the first entity is in a position to directly or indirectly exercise in relation to the asset;

information about the ability of a person, who has been appointed by the first entity to the body that governs the asset, to directly access networks or systems that are necessary for the operation or control of the asset;

the name of each other entity that is in a position to directly or indirectly influence or control:

the first entity; or

any entity covered by a previous application of this paragraph;

in relation to each entity (the higher entity) covered by paragraph (h):

the information in paragraphs (b) to (d), and (e) if appropriate, as if a reference in those paragraphs to the first entity were a reference to the higher entity; and

information about the influence or control the higher entity is in a position to directly or indirectly exercise in relation to the first entity or any entity covered by paragraph (h);

information prescribed by the rules for the purposes of this paragraph.

For example, if Holding Entity 1 holds a 10% interest in the first entity, and Holding Entity 2 holds a 10% interest in Holding Entity 1, the information mentioned in paragraphs (1)(h) and (ha) relating to those holding entities, would be given to the Secretary.

For the definition of influence or control, see section 8A.

For interests held by trusts, partnerships, superannuation funds and unincorporated foreign companies, see section 53A.

Information under subsection (1) may include personal information (within the meaning of the Privacy Act 1988).

If the first entity is a Governor, First Minister, Administrator or Minister of a State or Territory who is a direct interest holder in relation to an asset because of paragraph 8(1)(b), the first entity is not required to provide any interest and control information.

However, subsection (3) does not affect the obligation of the State or Territory to provide interest and control information in relation to the asset if the State or Territory is also a direct interest holder in relation to the asset because of paragraph 8(1)(a) or (b).

If the first entity:

is the Governor‑General, the Prime Minister or a Minister; and

is a direct interest holder in relation to an asset because of paragraph 8(1)(b);

The expression Minister is defined in section 2B of the Acts Interpretation Act 1901.

However, subsection (5) does not affect the obligation of the Commonwealth to provide interest and control information in relation to the asset if the Commonwealth is also a direct interest holder in relation to the asset because of paragraph 8(1)(a) or (b).