35AX  Intervention request
  • (1)

    The Secretary may give the chief executive of the authorised agency a request that the authorised agency do one or more specified acts or things within the period specified in the request.

  • (2)

    The Secretary must not give a request under this section unless the request:

    • (a)

      is identical to a request specified in a Ministerial authorisation; and

    • (b)

      includes a statement to the effect that the request is authorised by the Ministerial authorisation; and

    • (c)

      specifies the date on which the Ministerial authorisation was given.

    Note: A Ministerial authorisation must not be given unless the Minister is satisfied that the request is reasonably necessary for the purposes of responding to a cyber security incident—see subsection 35AB(10).

  • (3)

    The period specified in the request must end at or before the end of the period for which the Ministerial authorisation is in force.

  • (4)

    A request under this section is subject to such conditions (if any) as are specified in the request.

  • (5)

    A request under this section does not extend to:

    • (a)

      doing an act or thing that would be prohibited by section 7 of the Telecommunications (Interception and Access) Act 1979; or

    • (b)

      doing an act or thing that would be prohibited by section 108 of the Telecommunications (Interception and Access) Act 1979; or

    • (c)

      doing an act or thing that would (disregarding this Act) be prohibited by section 276, 277 or 278 of the Telecommunications Act 1997.

Other powers not limited
  • (6)

    This section does not, by implication, limit a power conferred by another provision of this Act.