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.