Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 51CB

             (1)  The authorising Ministers may, in writing, declare that particular infrastructure, or a part of particular infrastructure, in Australia or in the Australian offshore area is designated critical infrastructure.

             (2)  However, the authorising Ministers may do so only if they believe on reasonable grounds that:

                     (a)  there is a threat of damage or disruption to the operation of the infrastructure or the part of the infrastructure; and

                     (b)  the damage or disruption would directly or indirectly endanger the life of, or cause serious injury to, other persons.

             (3)  If the authorising Ministers no longer believe those matters, they must revoke the declaration.

             (4)  To avoid doubt, the authorising Ministers may make a declaration under this section whether or not an order is in force under this Division.

             (5)  If the infrastructure, or the part of the infrastructure, is in a State or a self‑governing Territory:

                     (a)  the authorising Ministers may make the declaration referred to in subsection (1) whether or not the Government of the State or the self‑governing Territory requests the making of the declaration; and

                     (b)  if the Government of the State or the self‑governing Territory does not request the making of the declaration referred to in subsection (1), an authorising Minister must, subject to subsection (6), consult that Government about the making of the declaration.

             (6)  However, paragraph (5)(b) does not apply if the authorising Ministers are satisfied that, for reasons of urgency, it is impracticable to comply with the requirements of that paragraph.