Foreign Acquisitions and Takeovers Regulation 2015 (Cth)
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
(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:
(iii) a foreign intelligence agency; or
(i) defence and intelligence personnel; or
(ii) the defence force of another country; or
(f) the business provides, or intends to provide, critical services to:
(iii) a foreign intelligence agency; or
(i) defence and intelligence personnel; or
(ii) the defence force of another country; 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:
(iii) a foreign intelligence agency; or
(i) of persons who are covered by the definition of defence and intelligence personnel ; and
(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:
(ii) which, if accessed, could compromise Australia ' s national security; or
(i) of persons who are covered by the definition of defence and intelligence personnel ; and
(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.
(ii) which, if disclosed, could compromise Australia ' s national security; or
View history note
Hide history note
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
