Commonwealth Consolidated Acts

SECURITY OF CRITICAL INFRASTRUCTURE ACT 2018 - SECT 35AE

  (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 the asset; and

  (d)   do so within 48 hours after the Ministerial authorisation is given.

  (8)   If a Ministerial authorisation is given in writing in relation to:

  (a)   an incident; and

  (b)   a critical infrastructure sector asset (other than a critical infrastructure asset);

the Minister must:

  (c)   give a copy 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

  (d)   do so within 48 hours after the Ministerial authorisation is given.