35AY  Form and notification of request

• (1)

  A request under section 35AX may be given:

  • (a)

    orally; or

  • (b)

    in writing.

• (2)

  The Secretary must not give a request under section 35AX orally unless the delay that would occur if the request were to be given in writing would frustrate the effectiveness of the request.

Notification of requests given orally

• (3)

  If a request under section 35AX is given orally, the Secretary must:

  • (a)

    do both of the following:

    • (i)

      make a written record of the request;

    • (ii)

      give a copy of the written record of the request to the chief executive of the authorised agency; and

  • (b)

    do so within 48 hours after the request is given.

• (4)

  If a request under section 35AX is given orally in relation to a critical infrastructure asset, the Secretary must:

  • (a)

    do both of the following:

    • (i)

      make a written record of the request;

    • (ii)

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

  • (b)

    do so within 48 hours after the request is given.

• (5)

  If a request under section 35AX is given orally in relation to a critical infrastructure sector asset (other than a critical infrastructure asset), the Secretary must:

  • (a)

    make a written record of the request; and

  • (b)

    give a copy of the written record of the request to whichever of the following entities the Secretary considers to be most relevant in relation to the request:

    • (i)

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

    • (ii)

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

  • (c)

    do so within 48 hours after the request is given.

Notification of requests given in writing

• (6)

  If a request under section 35AX is given in writing, the Secretary must:

  • (a)

    give a copy of the request to the chief executive of the authorised agency; and

  • (b)

    do so within 48 hours after the request is made.

• (7)

  If a request under section 35AX is given in writing in relation to a critical infrastructure asset, the Secretary must:

  • (a)

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

  • (b)

    do so within 48 hours after the request is given.

• (8)

  If a request under section 35AX is given in writing in relation to a critical infrastructure sector asset (other than a critical infrastructure asset), the Secretary must:

  • (a)

    give a copy of the request to whichever of the following entities the Secretary considers to be most relevant in relation to the request:

    • (i)

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

    • (ii)

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

  • (b)

    do so within 48 hours after the request is given.