Schedule 1 Security of critical infrastructure Part 1 General amendments (a) a person causes any access, modification or impairment of a kind mentioned in that subsection; and (b) the person does so: (i) under a warrant issued under a law of the Commonwealth, a State or a Territory; or (ii) under an emergency authorisation given to the person under Part 3 of the Surveillance Devices Act 2004 or under a law of a State or Territory that makes provision to similar effect; or (iii) under a tracking device authorisation given to the person under section 39 of the Surveillance Devices Act 2004; or (iv) in accordance with a technical assistance request; or (v) in compliance with a technical assistance notice; or (vi) in compliance with a technical capability notice; the person is entitled to cause that access, modification or impairment. 12P Examples of responding to a cyber security incident The following are examples of responding to a cyber security incident: (a) if the incident is imminent—preventing the incident; (b) mitigating a relevant impact of the incident on: (i) a critical infrastructure asset; or (ii) a critical infrastructure sector asset; (c) if a critical infrastructure asset or a critical infrastructure sector asset has been, or is being, affected by the incident— restoring the functionality of the asset. 33 Paragraph 13(1)(b) Omit “that is a reporting entity for,”, insert “, so far as the entity is the responsible entity for, a reporting entity for, a relevant entity for,”. 34 At the end of paragraph 13(1)(b) Add: or (iv) used in the course of, or in relation to, banking to which paragraph 51(xiii) of the Constitution applies; or 52 Security Legislation Amendment (Critical Infrastructure) Act 2021 Authorised Version C2021A00124 No. 124, 2021

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