Commonwealth Numbered Acts Commonwealth Numbered Acts(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.