35AH  Revocation of Ministerial authorisation
Scope
  • (1)

    This section applies if a Ministerial authorisation is in force in relation to:

    • (a)

      an incident; and

    • (b)

      an asset.

Power to revoke Ministerial authorisation
  • (2)

    The Minister may, in writing, revoke the Ministerial authorisation.

Duty to revoke Ministerial authorisation
  • (3)

    If the Minister is satisfied that the Ministerial authorisation is no longer required to respond to the incident, the Minister must, in writing, revoke the Ministerial authorisation.

  • (4)

    If the Secretary is satisfied that the Ministerial authorisation is no longer required to respond to the incident, the Secretary must:

    • (a)

      notify the Minister that the Secretary is so satisfied; and

    • (b)

      do so soon as practicable after the Secretary becomes so satisfied.

Notification of revocation
  • (5)

    If the Ministerial authorisation is revoked, the Minister must:

    • (a)

      give a copy of the revocation to:

      • (i)

        the Secretary; and

      • (ii)

        the Inspector‑General of Intelligence and Security; and

      • (iii)

        each relevant entity for the asset; and

    • (b)

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

  • (6)

    If a Ministerial authorisation is revoked in relation to:

    • (a)

      an incident; and

    • (b)

      a critical infrastructure asset;

    the Minister must:

    • (c)

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

    • (d)

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

  • (7)

    If a Ministerial authorisation is revoked 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 revocation 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 revoked.

Revocation is not a legislative instrument
  • (8)

    A revocation of the Ministerial authorisation is not a legislative instrument.

Application of Acts Interpretation Act 1901
  • (9)

    This section does not, by implication, affect the application of subsection 33(3) of the Acts Interpretation Act 1901 to an instrument made under a provision of this Act (other than this Part).