Foreign Acquisitions and Takeovers Regulation 2015 (Cth)

PART 1 - PRELIMINARY  

SECTION 8AA   MEANING OF NATIONAL SECURITY BUSINESS  

8AA(1)    
A business is a national security business if:

(a)    the business is carried on wholly or partly in Australia whether or not in anticipation of profit or gain; and

(b)    it is publicly known, or could be known upon the making of reasonable inquiries, that the business is of a kind referred to in subsection (2).

8AA(2)    
A business is of a kind referred to in this subsection if:

(a)    the business is a responsible entity (within the meaning of the Security of Critical Infrastructure Act 2018 ) for an asset; or

(b)    the business is an entity that is a direct interest holder in relation to a critical infrastructure asset (within the meaning of those terms in the Security of Critical Infrastructure Act 2018 ); or

(c)    the business is a carrier or nominated carriage service provider to which the Telecommunications Act 1997 applies; or

(d)    the business develops, manufactures or supplies critical goods that are, or are intended to be, for a military use, or an intelligence use, by:

(i) defence and intelligence personnel; or

(ii) the defence force of another country; or

(iii) a foreign intelligence agency; or

(e)    the business develops, manufactures or supplies critical technology that is, or is intended to be, for a military use, or an intelligence use, by:

(i) defence and intelligence personnel; or

(ii) the defence force of another country; or

(iii) a foreign intelligence agency; or

(f)    the business provides, or intends to provide, critical services to:

(i) defence and intelligence personnel; or

(ii) the defence force of another country; or

(iii) a foreign intelligence agency; or

(g)    the business stores or has access to information that has a security classification; or

(h)    the business stores or maintains personal information, collected by the Australian Defence Force, the Defence Department or an agency in the national intelligence community:

(i) of persons who are covered by the definition of defence and intelligence personnel ; and

(ii) which, if accessed, could compromise Australia ' s national security; or

(i)    the business collects, as part of an arrangement with the Australian Defence Force, the Defence Department or an agency in the national intelligence community, personal information:

(i) of persons who are covered by the definition of defence and intelligence personnel ; and

(ii) which, if disclosed, could compromise Australia ' s national security; or

(j)    the business stores, maintains or has access to personal information of a kind mentioned in paragraph (i) which, if disclosed, could compromise Australia ' s national security.