Security of Critical Infrastructure (Consequential and Transitional Provisions) Act 2018

Overview

The Security of Critical Infrastructure (Consequential and Transitional Provisions) Act 2018 was enacted by the Parliament of Australia to address consequential and transitional matters arising from the Security of Critical Infrastructure Act 2018. This legislation also seeks to amend the Foreign Acquisitions and Takeovers Act 1975 and includes related provisions. The Act was assented to on 11 April 2018, with various sections and schedules commencing on specified dates to ensure a smooth transition and implementation of the new critical infrastructure security framework. The policy objective of this Act is to provide a cohesive legislative environment that supports the overarching aim of safeguarding Australia's critical infrastructure against potential threats.

Scope and Application

The Security of Critical Infrastructure (Consequential and Transitional Provisions) Act 2018 applies to the amendments necessitated by the introduction of the Security of Critical Infrastructure Act 2018, specifically to the Australian Security Intelligence Organisation Act 1979 and the Foreign Acquisitions and Takeovers Act 1975. It provides the necessary legal framework for the transitional provisions and consequential amendments required due to the establishment of new regulatory measures under the Security of Critical Infrastructure Act 2018. This Act applies to entities and individuals involved in critical infrastructure sectors, as well as to any transactions and conduct that fall under the purview of the new security legislation. The Act has a national jurisdictional reach, applying across Australia as a Commonwealth Act. Certain provisions commence on the date the Act receives Royal Assent, while others commence at a later date specified in the Act, such as immediately after the commencement of relevant sections of the Security of Critical Infrastructure Act 2018. The Act extends its application through subordinate instruments, which detail the specific amendments and transitional measures required under the new legislative framework.

Key Provisions

The Security of Critical Infrastructure (Consequential and Transitional Provisions) Act 2018 primarily deals with the transitional and consequential amendments required by the Security of Critical Infrastructure Act 2018. The Act is structured into several key sections. The short title (section 1) establishes the name of the Act, and the commencement provisions (section 2) specify when different parts of the Act take effect. For example, sections 1 to 3 and unspecified provisions commence on the day the Act receives Royal Assent, which was 11 April 2018. Other provisions, detailed in the schedules, have different commencement dates, such as immediately after the commencement of section 32 of the Security of Critical Infrastructure Act 2018 (Schedule 1) and the day after the Act receives Royal Assent (Schedule 2). The schedules outline specific amendments to existing legislation to ensure consistency and integration with the new provisions introduced by the Security of Critical Infrastructure Act 2018. Schedule 1 makes consequential amendments to the Australian Security Intelligence Organisation Act 1979 and the Foreign Acquisitions and Takeovers Act 1975. For instance, it modifies the definition of prescribed administrative action under the former Act to include certain powers under the Security of Critical Infrastructure Act 2018. Similarly, it adjusts the application of adverse security assessments and adds new elements to the considerations for national security in the latter Act. Schedule 2 introduces additional amendments to the Foreign Acquisitions and Takeovers Act 1975, further integrating critical infrastructure security into existing frameworks. The Act imposes several obligations and requirements on the entities it governs. For instance, it mandates the Australian Security Intelligence Organisation to consider the exercise of powers under the Security of Critical Infrastructure Act 2018 when performing its functions. Additionally, it requires that adverse security assessments under the Security of Critical Infrastructure Act 2018 be incorporated into the existing legislative framework. Furthermore, the Foreign Acquisitions and Takeovers Act 1975 is amended to include critical infrastructure security and national security as factors in decision-making processes. These obligations ensure that the new security provisions are seamlessly integrated into the existing legislative landscape. In terms of consequences for non-compliance, the Act itself does not explicitly state offences, penalties, or civil/criminal consequences for breaches. However, the Security of Critical Infrastructure Act 2018, which this Act supports, does contain provisions for offences and penalties. For example, failing to comply with a direction under the Security of Critical Infrastructure Act 2018 could result in significant penalties. While the exact penalties are detailed within the Security of Critical Infrastructure Act 2018, they typically include substantial fines and potential imprisonment for serious breaches. Therefore, entities and individuals affected by this Act must ensure compliance to avoid these severe repercussions.