35AE  Form and notification of Ministerial authorisation
  • (1)

    A Ministerial authorisation may be given:

    • (a)

      orally; or

    • (b)

      in writing.

  • (2)

    The Minister must not give a Ministerial authorisation orally in relation to:

    • (a)

      an incident; and

    • (b)

      an asset;

    unless the delay that would occur if the Ministerial authorisation were to be made in writing would frustrate the effectiveness of:

    • (c)

      any directions that may be given under section 35AK or 35AQ in relation to the incident and the asset; or

    • (d)

      any requests that may be given under section 35AX in relation to the incident and the asset.

Notification of Ministerial authorisations given orally
  • (3)

    If a Ministerial authorisation is given orally in relation to:

    • (a)

      an incident; and

    • (b)

      an asset;

    the Minister must:

    • (c)

      do both of the following:

      • (i)

        make a written record of the Ministerial authorisation;

      • (ii)

        give a copy of the written record of the Ministerial authorisation to the Secretary and the Inspector‑General of Intelligence and Security; and

    • (d)

      do so within 48 hours after the Ministerial authorisation is given.

  • (4)

    If a Ministerial authorisation is given orally in relation to:

    • (a)

      an incident; and

    • (b)

      a critical infrastructure asset;

    the Minister must:

    • (c)

      do both of the following:

      • (i)

        make a written record of the Ministerial authorisation;

      • (ii)

        give a copy of the written record of the Ministerial authorisation to the responsible entity for the asset; and

    • (d)

      do so within 48 hours after the Ministerial authorisation is given.

  • (5)

    If a Ministerial authorisation is given orally in relation to:

    • (a)

      an incident; and

    • (b)

      a critical infrastructure sector asset (other than a critical infrastructure asset);

    the Minister must:

    • (c)

      make a written record of the Ministerial authorisation; and

    • (d)

      give a copy of the written record of the Ministerial authorisation to whichever of the following entities the Minister considers to be most relevant in relation to the Ministerial authorisation:

      • (i)

        the owner, or each of the owners, of the asset;

      • (ii)

        the operator, or each of the operators, of the asset; and

    • (e)

      do so within 48 hours after the Ministerial authorisation is given.

Notification of Ministerial authorisations given in writing
  • (6)

    If a Ministerial authorisation is given in writing in relation to:

    • (a)

      an incident; and

    • (b)

      an asset;

    the Minister must:

    • (c)

      give a copy of the Ministerial authorisation to the Secretary and the Inspector‑General of Intelligence and Security; and

    • (d)

      do so within 48 hours after the Ministerial authorisation is given.

  • (7)

    If a Ministerial authorisation is given in writing in relation to:

    • (a)

      an incident; and

    • (b)

      a critical infrastructure asset;

    the Minister must:

    • (c)

      give a copy of the Ministerial authorisation to the responsible entity for the asset; and

    • (d)

      do so within 48 hours after the Ministerial authorisation is given.

  • (8)

    If a Ministerial authorisation is given in writing in relation to:

    • (a)

      an incident; and

    • (b)

      a critical infrastructure sector asset (other than a critical infrastructure asset);

    the Minister must:

    • (c)

      give a copy of the Ministerial authorisation to whichever of the following entities the Minister considers to be most relevant in relation to the Ministerial authorisation:

      • (i)

        the owner, or each of the owners, of the asset;

      • (ii)

        the operator, or each of the operators, of the asset; and

    • (d)

      do so within 48 hours after the Ministerial authorisation is given.