Document ID: chunk:federal_register_of_legislation:C2021A00124:clause:1_35ax
Version: federal_register_of_legislation:C2021A00124
Segment Type: clause
Provision Reference: sch 1 cl 35AX
Character Range: 118414–120009

35AX  Intervention request
 (1) The Secretary may give the chief executive of the authorised agency a request that the authorised agency do one or more specified acts or things within the period specified in the request.
 (2) The Secretary must not give a request under this section unless the request:
 (a) is identical to a request specified in a Ministerial authorisation; and
 (b) includes a statement to the effect that the request is authorised by the Ministerial authorisation; and
 (c) specifies the date on which the Ministerial authorisation was given.
Note: A Ministerial authorisation must not be given unless the Minister is satisfied that the request is reasonably necessary for the purposes of responding to a cyber security incident—see section 35AB.
 (3) The period specified in the request must end at or before the end of the period for which the Ministerial authorisation is in force.
 (4) A request under this section is subject to such conditions (if any) as are specified in the request.
 (5) A request under this section does not extend to:
 (a) doing an act or thing that would be prohibited by section 7 of the Telecommunications (Interception and Access) Act 1979; or
 (b) doing an act or thing that would be prohibited by section 108 of the Telecommunications (Interception and Access) Act 1979; or
 (c) doing an act or thing that would (disregarding this Act) be prohibited by section 276, 277 or 278 of the Telecommunications Act 1997.

Other powers not limited
 (6) This section does not, by implication, limit a power conferred by another provision of this Act.