##### 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\. --- ## Source and attribution Saved copy: C2018A00029 / C2026C00213 / f578e546a17068939a3a5a928474713f844dfae8 Scope: navPoint\_252 Compiled 2026\-06\-04\. This does not establish legal commencement\. Official source: https://www\.legislation\.gov\.au/C2018A00029/2026\-06\-04/2026\-06\-04/text/1/epub/OEBPS/document\_1/document\_1\.html Licence: https://creativecommons\.org/licenses/by/4\.0/ Based on content from the Federal Register of Legislation at 1 October 2026\. For the latest information on Australian Government legislation please go to https://www\.legislation\.gov\.au\. Converted XHTML into Tiptap JSON; recovered lists from paragraph classes; kept literal labels and text\. Print layout is changed\. The Commonwealth Coat of Arms is not covered by the CC BY licence\.