20D Who are critical direct suppliers

(1)

The Minister may identify a person as a critical direct supplier if the Minister is satisfied that—

(a)

the person is a direct supplier of goods or services to an intelligence or security agency; and

(b)

the goods or services are integral to the functioning of the agency as an intelligence or security agency; and

(c)

the supply of those goods or services cannot readily be replaced.

(2)

The Minister must—

(a)

notify a person that they are a critical direct supplier; and

(b)

either—

(i)

publish that person’s name in a list of critical direct suppliers on an Internet site maintained by or for the regulator; or

(ii)

if subsection (3) applies, notify the person that they are an unpublished CDS.

(3)

The Minister may defer or dispense with publication if the Minister is satisfied on reasonable grounds that good reason for withholding the publication would exist under the Official Information Act 1982.

(4)

The Minister must—

(a)

notify a person if the person ceases to be a critical direct supplier; and

(b)

if relevant, remove that person’s name from the list of critical direct suppliers on the Internet site maintained by or for the regulator.

Section 20D: inserted, on 16 June 2020, by section 17 of the Overseas Investment (Urgent Measures) Amendment Act 2020 (2020 No 21).