35AF  Form of application for Ministerial authorisation
  • (1)

    The Secretary may apply for a Ministerial authorisation either:

    • (a)

      orally; or

    • (b)

      in writing.

  • (2)

    The Secretary must not apply orally for a Ministerial authorisation that relates to:

    • (a)

      an incident; and

    • (b)

      an asset;

    unless the delay that would occur if the application 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.

  • (3)

    If an application for a Ministerial authorisation is made orally, the Secretary must:

    • (a)

      do both of the following:

      • (i)

        make a written record of the application;

      • (ii)

        give a copy of the written record of the application to the Minister; and

    • (b)

      do so within 48 hours after the application is made.