Security of Critical Infrastructure Act 2018

The Minister may, in writing, declare a particular asset to be a critical infrastructure asset if:

the asset is not otherwise a critical infrastructure asset; and

the asset relates to a critical infrastructure sector; and

the Minister is satisfied that the asset is critical to:

the social or economic stability of Australia or its people; or

the defence of Australia; or

national security; and

there would be a risk to:

the social or economic stability of Australia or its people; or

the defence of Australia; or

national security;

It is an offence to disclose the fact that an asset is declared to be a critical infrastructure asset (see section 45).

The declaration must specify the entity that is the responsible entity for the asset.

The declaration may do any or all of the following:

determine that Part 2 applies to the asset;

determine that Part 2A applies to the asset;

determine that Part 2B applies to the asset.

The Minister must notify the following of the declaration, in writing, within 30 days after making the declaration:

each reporting entity for the asset;

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.

A declaration under subsection (1) is not a legislative instrument.