Part 2 Register of Critical Infrastructure Assets Division 3 Obligation to give information and notify of events Section 25 25 Information that is not able to be obtained Section 23 (initial obligation to give information) or 24 (ongoing obligation to give information and notify of events) does not apply in relation to particular information that a person is required to provide under that section if: (a) the person uses the person’s best endeavours to obtain the information; and (b) the person is not able to obtain the information. Note: An entity that wishes to rely on this section in proceedings for a civil penalty order bears an evidential burden in relation to the matter in that subsection (see section 96 of the Regulatory Powers Act). 26 Meaning of notifiable event An event is a notifiable event in relation to a critical infrastructure asset if: (a) the event has the effect that either of the following previously obtained by the Secretary for the purposes of this Act becomes incorrect or incomplete: (i) the operational information in relation to the asset; (ii) the interest and control information in relation to a direct interest holder and the asset; or (b) the event is an entity becoming a reporting entity for the asset; or (c) the event is a reporting entity for the asset becoming an entity to which this Act applies (see section 13). Note: If an asset becomes a critical infrastructure asset after the end of the period of 6 months starting on the commencing day, a reporting entity for the asset initially has a period of between 30 days and 6 months in which to provide information in relation to the asset (see section 23). 27 Rules may exempt from requirement to give notice or information The rules may provide that this Division, or specified provisions of this Division, do not apply in relation to: (a) any entity; or (b) specified classes of entities; or 28 Security of Critical Infrastructure Act 2018 Authorised Version C2018A00029 No. 29, 2018

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