35AD  Consultation
(1)

Before giving a Ministerial authorisation under paragraph 35AB(2)(c) or (d) in relation to an entity, the Minister must consult the specified entity unless the delay that would occur if the specified entity were consulted would frustrate the effectiveness of the Ministerial authorisation.

(2)

Before giving a Ministerial authorisation under paragraph 35AB(2)(e) or (f) in relation to an asset, the Minister must:

(a)

if the asset is a critical infrastructure asset—consult the responsible entity for the asset; or

(b)

if the asset is a critical infrastructure sector asset (other than a critical infrastructure asset)—consult whichever of the following entities the Minister considers to be most relevant in relation to the proposed authorisation:

(i)

the owner, or each of the owners, of the asset;

(ii)

the operator, or each of the operators, of the asset;

unless the delay that would occur if the entity or entities were consulted would frustrate the effectiveness of the Ministerial authorisation.

(3)

If subsection (1) or (2) requires an entity to be consulted, that consultation must involve:

(a)

giving the entity a copy of the draft Ministerial authorisation; and

(b)

inviting the entity to make a submission to the Minister about the draft Ministerial authorisation within 24 hours after receiving the copy of the draft Ministerial authorisation.