52E  Review of declaration
Scope
  • (1)

    This section applies if an asset is declared under subsection 52B(1) to be a system of national significance.

Request
  • (2)

    The responsible entity for the asset may, by written notice given to the Secretary, request the Secretary to review whether the asset is of national significance.

Requirement
  • (3)

    The Secretary must, within 60 days after the request is given:

    • (a)

      review whether the asset is of national significance; and

    • (b)

      give the Minister:

      • (i)

        a report of the review; and

      • (ii)

        a statement setting out the Secretary’s findings.

  • (4)

    The review must be undertaken in consultation with the responsible entity for the asset.

  • (5)

    In reviewing whether the asset is of national significance, the Secretary must have regard to:

    • (a)

      the consequences that would arise for:

      • (i)

        the social or economic stability of Australia or its people; or

      • (ii)

        the defence of Australia; or

      • (iii)

        national security;

        if a hazard were to occur that had a significant relevant impact on the asset; and

    • (b)

      if the Secretary is aware of one or more interdependencies between the asset and one or more other critical infrastructure assets—the nature and extent of those interdependencies; and

    • (c)

      such other matters (if any) as the Secretary considers relevant.

Limit
  • (6)

    The responsible entity for the asset must not make more than one request under subsection (2) in relation to the asset during a 12‑month period.