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 critical infrastructure sector; and

  • (c)

    the Minister is satisfied that 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

  • (d)

    there would be a risk to:

    • (i)

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

    • (ii)

      the defence of Australia; or

    • (iii)

      national security;

      if it were publicly known that the asset is a critical infrastructure asset.

  Note: 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.

• (2A)

  The declaration may do any or all of the following:

  • (a)

    determine that Part 2 applies to the asset;

  • (b)

    determine that Part 2A applies to the asset;

  • (c)

    determine that Part 2B applies to 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)

    if the asset is a tangible asset located (wholly or partly) in a State, the Australian Capital Territory or the Northern Territory—the First Minister of the State, the Australian Capital Territory or the Northern Territory, as the case requires.

• (5)

  A declaration under subsection (1) is not a legislative instrument.