Declaration of assets by the Minister Part 6
Declaration of assets by the Minister Division 2
Section 51
Division 2—Declaration of assets by the Minister
51 Declaration of assets by the Minister
(1) The Minister may, in writing, declare a particular asset to be a
critical infrastructure asset if:
(a) the asset is not otherwise a critical infrastructure asset; and
(b) the asset relates to a relevant industry; and
(c) the Minister is satisfied that:
(i) the asset is critical infrastructure that affects national
security; and
(ii) there would be a risk to national security if it were
publicly known that the asset is critical infrastructure
that affects national security.
Note 1:
A relevant industry is electricity, water, ports, gas or an industry
prescribed by the rules (see the definition of relevant industry in
section 5).
Note 2:
It is an offence to disclose the fact that an asset is declared to be a
critical infrastructure asset (see section 45).
(2) The declaration must specify the entity that is the responsible entity
for the asset.
(3) The Minister must notify the following of the declaration, in
writing, within 30 days after making the declaration:
(a) each reporting entity for the asset;
(b) the First Minister of the State, the Australian Capital
Territory or the Northern Territory in which the asset is
located.
(4) A notice under subsection (3) must specify the obligations of a
reporting entity under this Act.
(5) A declaration under subsection (1) is not a legislative instrument.
No. 29, 2018
Security of Critical Infrastructure Act 2018
Authorised Version C2018A00029
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