Document ID: chunk:federal_register_of_legislation:C2021A00124:clause:1_35ab:p3
Version: federal_register_of_legislation:C2021A00124
Segment Type: clause
Provision Reference: sch 1 cl 35AB (pt 3/3)
Character Range: 96694–98389

act or thing of a kind covered by section 35AC.
Note: Section 12P provides examples of responding to a cyber security incident.
 (11) In determining whether the specified request is a proportionate response to the incident, the Minister must have regard to:
 (a) the impact of compliance with the specified request on the functioning of the asset concerned; and
 (b) the consequences of acts or things that would be done in compliance with the specified request; and
 (c) such other matters (if any) as the Minister considers relevant.
 (12) The Minister must not give a Ministerial authorisation under paragraph (2)(e) or (f) if compliance with the specified request would involve the authorised agency taking offensive cyber action against a person who is directly or indirectly responsible for the incident.
 (13) The Minister must not give a Ministerial authorisation under paragraph (2)(e) or (f) unless the Minister has obtained the agreement of:
 (a) the Prime Minister; and
 (b) the Defence Minister.
 (14) An agreement under subsection (13) may be given:
 (a) orally; or
 (b) in writing.
 (15) If an agreement under subsection (13) is given orally, the Prime Minister or the Defence Minister, as the case requires, must:
 (a) do both of the following:
 (i) make a written record of the agreement;
 (ii) give a copy of the written record of the agreement to the Minister; and
 (b) do so within 48 hours after the agreement is given.

Ministerial authorisation is not a legislative instrument
 (16) A Ministerial authorisation is not a legislative instrument.

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