Page:Infrastructure Protection Act 2017.pdf/44

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INFRASTRUCTURE PROTECTION
45


Status of special development and responsible person’s duties after approval of certificate of works completion

40.—(1) When the Commissioner approves the certificate of works completion for the special development—

(a) the special development becomes a special infrastructure and is to be treated under this Act as if it has been designated as a special infrastructure under section 41(1)(a); and
(b) the approved security plan of the special development becomes the approved security plan of that special infrastructure.

(2) The responsible person of that special infrastructure—

(a) must implement, or cause to be implemented, every security measure mentioned in section 38(1)(b), in accordance with the approved security plan; and
(b) must maintain every security measure that is implemented under the approved security plan until the special infrastructure ceases to be a special infrastructure.

(3) Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

Division 3—Special infrastructures

Designation of special infrastructures

41.—(1) If the Minister is of the opinion that it is necessary or expedient to do so in the interest of public safety or security, or in the national interest, the Minister may—

(a) by a written instrument, designate any premises to be a special infrastructure; or