Security of Critical Infrastructure (Definitions) Rules (LIN 21/039) 2021

This instrument is the Security of Critical Infrastructure (Definitions) Rules (LIN 21/039) 2021.

In this instrument:

.au ccTLD system means the system used in providing the '.au' country code Top Level Domain (ccTLD) internet service.

Act means the Security of Critical Infrastructure Act 2018.

Australian Register of Therapeutic Goods means the Australian Register of Therapeutic Goods maintained under section 9A of the Therapeutic Goods Act.

authoritative DNS name server means a computer server that provides authoritative DNS information about a domain name, which may include the Internet Protocol address of a website server or an email server.

Cash Market Product has the meaning given by section 1.4.3 of the ASIC Market Integrity Rules (Securities Markets) 2017.

Corporations Act means the Corporations Act 2001.

DNS means a domain name system, which is a component of the Internet that enables users to find and connect to local websites, email addresses and other Internet connected resources by mapping domain names to their corresponding Internet Protocol numeric addresses.

DNSSEC means DNS Security Extensions that facilitate the digital signing of DNS records, to assist in ensuring the integrity and authenticity of DNS information.

Futures Market Contract has meaning given by section 1.4.3 of the ASIC Market Integrity Rules (Futures Markets) 2017.

nameplate rating for a gas transmission pipeline, means the maximum quantity of natural gas that can be transported through the pipeline on a day under normal operating conditions.

quarter means any of the following periods of a year:

between 1 January and 31 March;

between 1 April and 30 June;

between 1 July and 30 September;

between 1 October and 31 December.

registrant information includes:

registrant legal entity name;

registrant identification number;

eligibility type;

eligibility name;

eligibility identification.

registrable superannuation entity has the same meaning as in the Superannuation Industry (Supervision) Act 1993.

smart meter means a meter that measures, and remotely communicates information relating to, the usage of any product that is produced or supplied by a critical infrastructure asset.

system restart ancillary service has the meaning given by subsection 5(2).

Therapeutic Goods Act means the Therapeutic Goods Act 1989.

WHOIS service means a service or tool that provides domain information, including (any of) the following:

domain registrar;

registrar contact information;

domain name status;

DNS name servers;

IP addresses of DNS name servers;

DNSSEC information;

registrant information;

registrant contact information;

technical contact information.

Note A number of expressions used in this instrument are defined in the Act, and those expressions have the same meaning in this instrument-see Legislation Act 2003, s. 13.

The following terms have the meaning given in section 3 of Therapeutic Goods Act:

current Poisons Standard;

medical device.

Part 2 Matters relating to definitions in the Act

Division 2.1 Classes of critical infrastructure asset

For subsection 10(2) of the Act, an electricity generation station is critical to ensuring the security and reliability of electricity networks or electricity systems in a State or Territory if:

either:

the entity that owns or operates it is contracted to provide a system restart ancillary service in the State or Territory; or

it is an electricity generator, in the State or Territory, that has an installed capacity of at least 30 megawatts; and

it is connected to a wholesale electricity market.

An electricity generation station provides a system restart ancillary service if it can:

start without an external power supply; and

connect, and provide energy, to an electricity network or an electricity system for the transmission or distribution of electricity.

For paragraph 12(2)(a) of the Act, the following gas transmission pipelines are critical to ensuring the security and reliability of a gas market:

the Tasmanian Gas Pipeline;

the Carpentaria Gas Pipeline.

For paragraph 12(2)(b) of the Act, a gas transmission pipeline in a gas market mentioned in an item in the following table is critical to ensuring the security and reliability of a gas market if it has at least the nameplate rating mentioned in the item for the gas market:

Item Gas market Nameplate rating

For paragraph 12A(2)(a) of the Act, the liquid fuel refineries at the following locations are critical to ensuring the security and reliability of a liquid fuel market:

Corio, Victoria;

Lytton, Queensland.

For paragraph 12A(3)(a) of the Act, the following liquid fuel pipelines are critical to ensuring the security and reliability of a liquid fuel market:

Sydney Metropolitan Pipeline;

Gore Bay Pipeline;

Westernport Altona Geelong Pipeline;

Longford (Dutson) to Hastings Pipeline;

Melbourne Airport Jet Fuel Pipelines;

Jet Fuel Pipeline (Kurnell to Sydney Airport);

Brisbane Airport Jet Fuel Pipeline;

Perth Airport Jet Fuel Pipeline.

For paragraph 12A(4)(b) of the Act, a liquid fuel storage facility is critical to ensuring the security and reliability of a liquid fuel market if it has a storage capacity of more than 50 megalitres of liquid fuel.

For paragraph 12B(4)(a) of the Act, an intermodal transfer facility at a location mentioned in an item of Schedule 1 that is owned or operated by the entity mentioned in the item is critical to the transportation of goods between:

2 States;

a State and a Territory; or

2 Territories; or

2 regional centres.

For paragraph 12L(18)(e) of the Act, the entity mentioned in an item of the table in Schedule 1 is the responsible entity for the asset mentioned in the item.

For paragraph 12C(2)(b) of the Act, a business is critical to the transportation of goods by road, rail, inland waters or sea if:

the business has an annual revenue of at least $150 million; and

the business provides a service (a freight service) that is:

a road freight transport service; or

a freight forwarding service; or

a rail freight transport service; or

a water freight service; and

the freight service provided by the business involves the transport or storage of any of the following:

food and groceries, where transported to or from a critical supermarket retailer or a critical grocery wholesaler;

therapeutic goods registered on the Australian Register of Therapeutic Goods moved to or from premises storing such goods;

the supply of medicines listed under Schedules 2, 3, 4 or 8 of Part 4 of the current Poisons Standard, where transported to or from a premises at which the manufacture of the medicine is permitted under a law of a State or Territory;

liquid fuel, where transported to or from a critical liquid fuel asset;

essential goods and supplies required for water treatment facilities;

any other good that is critical for the operation, maintenance or management of a critical infrastructure asset.

Financial market

For paragraph 12D(2)(b) of the Act, a financial market is critical to the security and reliability of the financial services and markets sector if it:

is operated by an entity that holds a Tier 1 market licence under subsection 795B(1) of the Corporations Act; and

has, for at least 2 consecutive quarters, a turnover that meets any of the following:

35% market share of traded Cash Market Products;

$4 billion average daily value of traded Cash Market Products;

$15 billion average daily notional value of Futures Market Contract transactions;

$30 billion average daily notional value of transactions that are not Cash Market Products or Futures Market Contracts.

Note 1 Cash Market Product has the meaning given by the ASIC Market Integrity Rules (Securities Markets) 2017-see section 3.

Note 2 Futures Market Contract has the meaning given by the ASIC Market Integrity Rules (Futures Markets) 2017-see section 3.

Clearing and settlement facility

For paragraph 12D(3)(b) of the Act, a clearing and settlement facility is critical to the security and reliability of the financial services and markets sector if it is owned or operated by an Australian body corporate or an associated entity of an Australian body corporate that is required to comply with the financial stability standards determined by the Reserve Bank of Australia under section 827D of the Corporations Act:

Significant financial benchmark

For paragraph 12D(4)(b) of the Act, a significant financial benchmark is critical to the security and reliability of the financial services and markets sector if it is declared under section 908AC(2) of the Corporations Act.

Derivative trade repository

For paragraph 12D(5)(b) of the Act, a derivative trade repository is critical to the security and reliability of the financial services and markets sector if it has at least $20 trillion average daily notional value of outstanding transactions for all asset classes for at least 2 consecutive quarters.

Payment system

For paragraphs 12D(6)(a) and 12L(8)(i) of the Act:

a payment system mentioned in an item of the following table is critical to the security and reliability of the financial services and markets sector; and

the entity mentioned in the item is the responsible entity for the payment system.

Item Payment system Responsible entity

For paragraph 12E(3)(a) of the Act, TX Australia Pty Ltd (ABN 98 086 979 339) is critical to the transmission of a broadcasting service.

For paragraph 12G(2)(b) of the Act, an authorised deposit-taking institution is critical to the security and reliability of the financial services and markets sector if it has assets over $50 billion.

For paragraph 12G(3)(b) of the Act, a body corporate is critical to the security and reliability of the financial services and markets sector if it has assets over $50 billion.

For paragraph 12H(2)(b) of the Act, an entity is critical to the security and reliability of the financial services and markets sector if it has assets over $2 billion.

For paragraph 12H(3)(b) of the Act, a body corporate is critical to the security and reliability of the financial services and markets sector if it has assets over $2 billion.

Life insurance

For paragraph 12H(4)(b) of the Act, an entity is critical to the security and reliability of the financial services and markets sector if it has assets over $5 billion.

For paragraph 12H(5)(b) of the Act, a body corporate is critical to the security and reliability of the financial services and markets sector if it has assets over $5 billion.

Health insurance

For paragraph 12H(6)(b) of the Act, an entity is critical to the security and reliability of the financial services and markets sector if it has assets over $500 million.

For paragraph 12H(7)(b) of the Act, a body corporate is critical to the security and reliability of the financial services and markets sector if it has assets over $500 million.

For paragraph 12J(2)(b) of the Act, an RSE licensee is critical to the security and reliability of the financial services and markets sector if it is a trustee of a registrable superannuation entity that has assets over $20 billion.