Preliminary Part 1 Constitutional provisions and application of this Act Division 3 Section 13 Division 3—Constitutional provisions and application of this Act 13 Application of this Act (1) This Act applies to the following: (a) an entity that is a corporation to which paragraph 51(xx) of the Constitution applies; (b) an entity that is a reporting entity for, or an operator of, an asset that is: (i) in a Territory; or (ii) used in the course of, or in relation to, trade or commerce with other countries, among the States, between Territories or between a Territory and a State; or (iii) used for the purposes of the defence of Australia; (c) an entity that is an alien (within the meaning of paragraph 51(xix) of the Constitution). (2) Division 3 of Part 4 (use and disclosure of protected information) also applies to any other entity. Note: For the definition of entity, see section 5. 14 Extraterritoriality This Act applies both within and outside Australia. Note: This Act extends to every external Territory. 15 This Act binds the Crown (1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to be prosecuted for an offence. (3) The protection in subsection (2) does not apply to an authority of the Crown. No. 29, 2018 Security of Critical Infrastructure Act 2018 Authorised Version C2018A00029 21

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