Document ID: chunk:federal_register_of_legislation:C2021A00124:clause:1_35af
Version: federal_register_of_legislation:C2021A00124
Segment Type: clause
Provision Reference: sch 1 cl 35AF
Character Range: 105865–106799

35AF  Form of application for Ministerial authorisation
 (1) The Secretary may apply for a Ministerial authorisation either:
 (a) orally; or
 (b) in writing.
 (2) The Secretary must not apply orally for a Ministerial authorisation that relates to:
 (a) a cyber security incident; and
 (b) an asset;
unless the delay that would occur if the application 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.
 (3) If an application for a Ministerial authorisation is made orally, the Secretary must:
 (a) do both of the following:
 (i) make a written record of the application;
 (ii) give a copy of the written record of the application to the Minister; and
 (b) do so within 48 hours after the application is made.