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.