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.