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).