Preliminary Part 1
Definitions Division 2
Section 9
(f) an asset prescribed by the rules for the purposes of this
paragraph.
(2) However, the rules may prescribe that a specified:
(a) critical electricity asset; or
(b) critical port; or
(c) critical water asset; or
(d) critical gas asset;
is not a critical infrastructure asset.
Prescribing an asset as a critical infrastructure asset
(3) The Minister must not prescribe an asset for the purposes of
paragraph (1)(f) unless the Minister is satisfied that:
(a) the asset is critical to:
(i) the social or economic stability of Australia or its
people; or
(ii) the defence of Australia; or
(iii) national security; and
(b) there is a risk, in relation to the asset, that may be prejudicial
to security.
Consultation with State and Territory Ministers
(4) The Minister (the Commonwealth Minister) also must not
prescribe the asset unless the Commonwealth Minister has:
(a) consulted the following persons (the consulted Minister):
(i) the First Minister of the State, the Australian Capital
Territory or the Northern Territory in which the critical
infrastructure asset is located;
(ii) each Minister of a State, the Australian Capital
Territory, or the Northern Territory, who has
responsibility for the regulation or oversight of the
relevant industry for the asset in that State or Territory;
and
(b) given each consulted Minister written notice of the proposal
to prescribe the asset; and
No. 29, 2018
Security of Critical Infrastructure Act 2018
Authorised Version C2018A00029
17