Commonwealth Consolidated Acts

SECURITY OF CRITICAL INFRASTRUCTURE ACT 2018 - SECT 35AG

Scope

  (1)   This section applies if a Ministerial authorisation is given in relation to:

  (a)   a cyber security incident; and

  (b)   an asset.

Duration of Ministerial authorisation

  (2)   Subject to this section, the Ministerial authorisation remains in force for the period specified in the Ministerial authorisation (which must not exceed 20 days).

Fresh Ministerial authorisation

  (3)   If a Ministerial authorisation (the original Ministerial authorisation ) is in force, this Act does not prevent the Minister from giving a fresh Ministerial authorisation that:

  (a)   is in the same, or substantially the same, terms as the original Ministerial authorisation; and

  (b)   comes into force immediately after the expiry of the original Ministerial authorisation.

  (4)   In deciding whether to give such a fresh Ministerial authorisation, the Minister must have regard to the number of occasions on which Ministerial authorisations have been made in relation to the incident and the asset.

  (5)   Subsection   (4) does not limit the matters to which the Minister may have regard to in deciding whether to give a fresh Ministerial authorisation.