Commonwealth Consolidated Acts

SECURITY OF CRITICAL INFRASTRUCTURE ACT 2018 - SECT 35AF

  (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)   an 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.