Document ID: chunk:federal_register_of_legislation:C2025C00045:section:35ab:p1
Version: federal_register_of_legislation:C2025C00045
Segment Type: section
Provision Reference: s 35AB (pt 1/4)
Character Range: 218636–221399

35AB  Ministerial authorisation

Scope
 (1) This section applies if the Minister is satisfied that:
 (a) an 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, one or more relevant impacts on one or more critical infrastructure assets (each of which is a 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.
 (1A) This section also applies if the Minister is satisfied that:
 (a) an 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, one or more relevant impacts on one or more critical infrastructure assets (each of which is a primary asset); and
 (c) the incident relates to an emergency specified in a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) that is in force; 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 under section 35AK, relating to the incident and one or more primary assets, to one or more relevant entities;
 (b) authorise the Secretary to give directions under section 35AK, relating to the incident and one or more specified critical infrastructure sector assets, to one or more relevant entities;
 (c) authorise the Secretary to give to one or more specified entities a specified direction under section 35AQ that relates to the incident and one or more specified primary assets;
 (d) authorise the Secretary to give to one or more specified entities a specified direction under section 35AQ that relates to the incident and one or more specified critical infrastructure sector assets;
 (e) authorise the Secretary to give one or more specified requests under section 35AX that relate to the incident and one or more specified primary assets;
 (f) authorise the Secretary to give one or more specified requests under section 35AX that relate to the incident and one or more specified critical infrastructure sector assets.
Note 1: Section 35AK deals with information gathering directions.
Note 2: Section 35AQ deals with action directions.
Note 3: