Document ID: chunk:federal_register_of_legislation:C2025C00045:section:35ae:p1
Version: federal_register_of_legislation:C2025C00045
Segment Type: section
Provision Reference: s 35AE (pt 1/2)
Character Range: 230494–233291

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