Commonwealth Consolidated Acts

SECURITY OF CRITICAL INFRASTRUCTURE ACT 2018 - SECT 35AQ

  (1)   If an entity is a relevant entity for:

  (a)   a critical infrastructure asset; or

  (b)   a critical infrastructure sector asset;

the Secretary may give the entity a direction that directs the entity to do, or refrain from doing, a specified act or thing within the period specified in the direction.

  (2)   The Secretary must not give a direction under this section unless the direction:

  (a)   is identical to a direction specified in a Ministerial authorisation; and

  (b)   includes a statement to the effect that the direction 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 direction is reasonably necessary for the purposes of responding to an incident that has had, is having, or is likely to have, a relevant impact on one or more critical infrastructure assets--see section   35AB.

  (3)   The period specified in the direction must end at or before the end of the period for which the Ministerial authorisation is in force.

  (4)   A direction under this section is subject to such conditions (if any) as are specified in the direction.

  (5)   The Secretary must not give a direction under this section that would require an entity to give information to the Secretary.

Other powers not limited

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