35AE  Form and notification of Ministerial authorisation

• (1)

  A Ministerial authorisation may be given:

  • (a)

    orally; or

  • (b)

    in writing.

• (2)

  The Minister must not give a Ministerial authorisation orally in relation to:

  • (a)

    an incident; and

  • (b)

    an asset;

  unless the delay that would occur if the Ministerial authorisation 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.

Notification of Ministerial authorisations given orally

• (3)

  If a Ministerial authorisation is given orally in relation to:

  • (a)

    an incident; and

  • (b)

    an asset;

  the Minister must:

  • (c)

    do both of the following:

    • (i)

      make a written record of the Ministerial authorisation;

    • (ii)

      give a copy of the written record of the Ministerial authorisation to the Secretary and the Inspector‑General of Intelligence and Security; and

  • (d)

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

• (4)

  If a Ministerial authorisation is given orally in relation to:

  • (a)

    an incident; and

  • (b)

    a critical infrastructure asset;

  the Minister must:

  • (c)

    do both of the following:

    • (i)

      make a written record of the Ministerial authorisation;

    • (ii)

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

  • (d)

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

• (5)

  If a Ministerial authorisation is given orally in relation to:

  • (a)

    an incident; and

  • (b)

    a critical infrastructure sector asset (other than a critical infrastructure asset);

  the Minister must:

  • (c)

    make a written record of the Ministerial authorisation; and

  • (d)

    give a copy of the written record of the Ministerial authorisation 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

  • (e)

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

Notification of Ministerial authorisations given in writing

• (6)

  If a Ministerial authorisation is given in writing in relation to:

  • (a)

    an incident; and

  • (b)

    an asset;

  the Minister must:

  • (c)

    give a copy of the Ministerial authorisation to the Secretary and the Inspector‑General of Intelligence and Security; and

  • (d)

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

• (7)

  If a Ministerial authorisation is given in writing in relation to:

  • (a)

    an incident; and

  • (b)

    a critical infrastructure asset;

  the Minister must:

  • (c)

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

  • (d)

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

• (8)

  If a Ministerial authorisation is given in writing 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 Ministerial authorisation 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 given.