Document ID: chunk:federal_register_of_legislation:C2021A00124:clause:1_35ab:p1
Version: federal_register_of_legislation:C2021A00124
Segment Type: clause
Provision Reference: sch 1 cl 35AB (pt 1/3)
Character Range: 91482–94368

35AB  Ministerial authorisation

Scope
 (1) This section applies if the Minister is satisfied that:
 (a) a cyber security incident:
 (i) has occurred; or
 (ii) is occurring; or
 (iii) is imminent; and
 (b) the incident has had, is having, or is likely to have, a relevant impact on a critical infrastructure asset (the primary asset); and
 (c) there is a material risk that the incident has seriously prejudiced, is seriously prejudicing, or is likely to seriously prejudice:
 (i) the social or economic stability of Australia or its people; or
 (ii) the defence of Australia; or
 (iii) national security; and
 (d) no existing regulatory system of the Commonwealth, a State or a Territory could be used to provide a practical and effective response to the incident.

Authorisation
 (2) The Minister may, on application by the Secretary, do any or all of the following things:
 (a) authorise the Secretary to give directions to a specified entity under section 35AK that relate to the incident and the primary asset;
 (b) authorise the Secretary to give directions to a specified entity under section 35AK that relate to the incident and a specified critical infrastructure sector asset;
 (c) authorise the Secretary to give to a specified entity a specified direction under section 35AQ that relates to the incident and the primary asset;
 (d) authorise the Secretary to give to a specified entity a specified direction under section 35AQ that relates to the incident and a specified critical infrastructure sector asset;
 (e) authorise the Secretary to give a specified request under section 35AX that relates to the incident and the primary asset;
 (f) authorise the Secretary to give a specified request under section 35AX that relates to the incident and a specified critical infrastructure sector asset.
Note 1: Section 35AK deals with information gathering directions.
Note 2: Section 35AQ deals with action directions.
Note 3: Section 35AX deals with intervention requests.
 (3) An authorisation under subsection (2) is to be known as a Ministerial authorisation.
 (4) Subsection 33(3AB) of the Acts Interpretation Act 1901 does not apply to subsection (2) of this section.
Note: Subsection 33(3AB) of the Acts Interpretation Act 1901 deals with specification by class.

Information gathering directions
 (5) A Ministerial authorisation under paragraph (2)(a) or (b):
 (a) is generally applicable to the incident and the asset concerned; and
 (b) is to be made without reference to any specific directions.
 (6) The Minister must not give a Ministerial authorisation under paragraph (2)(a) or (b) unless the Minister is satisfied that the directions that could be authorised by the Ministerial authorisation are likely to facilitate a practical and effective response to the incident.

Action directions
 (7) The Minister must not give a Ministerial authorisation under paragraph