The Security of Critical Infrastructure Act 2018 (the Act) seeks to manage the complex and evolving national security risks of sabotage, espionage and coercion posed by foreign involvement in Australia's critical infrastructure. The Act applies to approximately 165 assets in the electricity, gas, water and ports sectors.
The Act and its obligations for owners and operators commenced on 11 July 2018.
The 3 key elements of the Act are:
- a Register of Critical Infrastructure Assets – the register will build a clearer picture of critical infrastructure ownership and control in high-risk sectors, and support more proactive management of the risks these assets face. Owners and operators of relevant critical infrastructure assets will have 6 months from 11 July 2018 to register ownership and operational information on the register
- an information gathering power – the Secretary of the Department of Home affairs will have the power to obtain more detailed information from owners and operators of assets in certain circumstances to support the work of the centre
- a Ministerial directions power – the Minister for Home Affairs will have the ability to direct an owner or operator of critical infrastructure to do, or not do, a specified thing to mitigate against a national security risk where all other mechanisms to mitigate the risk have been exhausted
We are committed to ensuring stakeholders are supported through the 3-month implementation period and understand their obligations under these news laws.
The Security of Critical Infrastructure Act and Explanatory Memorandum are available on the
Federal Register of Legislation website.
More information about coverage and obligations under the Act is available in the following fact sheets:
The Act ensures the Government has access to information necessary to conduct risk assessments and the power to enforce mitigations if they are not implemented through collaboration.
It is the Government’s intention to continue to work with critical investment owners and operators through a business-government partnership approach. The Act applies to approximately 165 assets in the electricity, gas, water and ports sectors. The Act came into force on 11 July 2018. Relevant powers: