Security Legislation Amendment (Critical Infrastructure) Act 2021 (124 of 2021)

Schedule 1   Security of critical infrastructure

Part 1   General amendments

Security of Critical Infrastructure Act 2018

56   Subsections 49(2) and (3)

Repeal the subsections, substitute:

Authorised applicant

(2) For the purposes of Part 4 of the Regulatory Powers Act, as that Part applies in relation to a civil penalty provision of this Act, each of the following persons is an authorised applicant:

(a) the Secretary;

(b) a person who is appointed under subsection (3).

(3) The Secretary may, by writing, appoint a person who:

(a) is the chief executive officer (however described) of a relevant Commonwealth regulator; or

(b) is an SES employee, or an acting SES employee, in:

(i) the Department; or

(ii) a relevant Commonwealth regulator; or

(c) holds, or is acting in, a position in a relevant Commonwealth regulator that is equivalent to, or higher than, a position occupied by an SES employee;

to be an authorised applicant for the purposes of Part 4 of the Regulatory Powers Act, as that Part applies in relation to a civil penalty provision of this Act.

Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Authorised person

(3A) For the purposes of Parts 6 and 7 of the Regulatory Powers Act, as those Parts apply in relation to a civil penalty provision of this Act, each of the following persons is an authorised applicant:

(a) the Secretary;

(b) a person who is appointed under subsection (3B).

(3B) The Secretary may, by writing, appoint a person who:

(a) is the chief executive officer (however described) of a relevant Commonwealth regulator; or

(b) is an SES employee, or an acting SES employee, in:

(i) the Department; or

(ii) a relevant Commonwealth regulator; or

(c) holds, or is acting in, a position in a relevant Commonwealth regulator that is equivalent to, or higher than, a position occupied by an SES employee;

to be an authorised applicant for the purposes of Parts 6 and 7 of the Regulatory Powers Act, as those Parts apply in relation to a civil penalty provision of this Act.

Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.