Emergency Management Act 2013

Subject to this section, the Governor in Council on the recommendation of the relevant Minister may by Order—

designate infrastructure specified in the Order to be vital critical infrastructure; or

revoke the designation of infrastructure specified in the Order to be vital critical infrastructure.

The relevant Minister may make a recommendation under subsection (1) based on the assessment or reassessment, having regard to the criticality assessment methodology, by the relevant Department of any infrastructure as vital critical infrastructure.

The relevant Minister must provide a copy of an Order made under subsection (1) to the following—

the responsible entity of the relevant vital critical infrastructure;

Emergency Management Victoria;

the Chief Commissioner of Police;

the Chief Executive Officer of any municipal council in the municipal district of which the relevant vital critical infrastructure is wholly or partly located.

A failure to comply with subsection (3) in relation to an Order does not affect the validity, operation or effect of the Order.

Despite subsection (4), the responsible entity of the relevant vital critical infrastructure is not required to comply with this Part until it receives a copy of the Order under subsection (3).