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Part 6—Declaration of assets by the Minister

Part 6 Declaration of assets by the Minister

Division 1 Simplified outline of this Part

50   Simplified outline of this Part

The Minister may privately declare an asset to be a critical infrastructure asset if the Minister is satisfied that:

       (a)     the asset is critical infrastructure that affects national security; and

      (b)     there would be a risk to national security if it were publicly known that the asset is critical infrastructure that affects national security.

The Minister must notify each reporting entity for a declared asset.

If a reporting entity for a declared asset ceases to be such a reporting entity, or becomes aware of another reporting entity for the asset, the entity must notify the Secretary.

It is an offence to disclose that an asset has been so declared (see section 45).

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.

52   Notification of change to reporting entities for asset

             (1)  This section applies if a reporting entity (the first entity ) for an asset declared under subsection 51(1) to be a critical infrastructure asset:

                     (a)  ceases to be a reporting entity for the asset; or

                     (b)  becomes aware of another reporting entity for the asset (whether or not as a result of the first entity ceasing to be a reporting entity).

             (2)  The first entity must, within 30 days, notify the Secretary of the following:

                     (a)  the fact in paragraph (1)(a) or (b) (as the case requires);

                     (b)  if another entity is a reporting entity for the asset—the name of each other entity and the address of each other entity’s head office or principal place of business (to the extent known by the first entity).

Note:          If the entity is not a legal person, see Division 2 of Part 7.

Civil penalty:          150 penalty units.

             (3)  The first entity must use the entity’s best endeavours to determine the name and relevant address of any other entity for the purposes of paragraph (2)(b).

             (4)  If the Secretary is notified of another entity under paragraph (2)(b), the Secretary must notify the other entity of the declaration under subsection 51(1), in writing, within 30 days after being notified under that paragraph.

             (5)  A notice under subsection (4) must specify the obligations of a reporting entity under this Act.