Page:Infrastructure Protection Act 2017.pdf/50

This page has been proofread, but needs to be validated.
INFRASTRUCTURE PROTECTION
51


Responsible person’s duties after approval of certificate of works completion

47.—(1) When the Commissioner approves the certificate of works completion for the special infrastructure, the responsible person of the special infrastructure—

(a) must implement, or cause to be implemented, every security measure mentioned in section 45(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.

(2) Any person who contravenes subsection (1) 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.

Cessation of special infrastructure

48.—(1) The Minister may, at any time, cancel the designation of a special infrastructure—

(a) in the case of a designation under section 41(1)(a), by written notice to the responsible person of the special infrastructure; and
(b) in the case of a designation under section 41(1)(b), by written notice to the responsible person of the special infrastructure or by order in the Gazette.

(2) On the cancellation of the designation of a special infrastructure, any approved security plan for the special infrastructure is also cancelled.

(3) To avoid doubt, the Minister is not required to give any person notice of, or consult any person on, the Minister’s intention to cancel the designation of a special infrastructure.