Security of Critical Infrastructure Act 2018

This section applies if an asset is declared under subsection 52B(1) to be a system of national significance.

The responsible entity for the asset may, by written notice given to the Secretary, request the Secretary to review whether the asset is of national significance.

The Secretary must, within 60 days after the request is given:

review whether the asset is of national significance; and

give the Minister:

a report of the review; and

a statement setting out the Secretary’s findings.

The review must be undertaken in consultation with the responsible entity for the asset.

In reviewing whether the asset is of national significance, the Secretary must have regard to:

the consequences that would arise for:

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

the defence of Australia; or

national security;

if the Secretary is aware of one or more interdependencies between the asset and one or more other critical infrastructure assets—the nature and extent of those interdependencies; and

such other matters (if any) as the Secretary considers relevant.

The responsible entity for the asset must not make more than one request under subsection (2) in relation to the asset during a 12‑month period.