35AE  Form and notification of Ministerial authorisation
(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.