##### 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\. --- ## Source and attribution Saved copy: C2018A00029 / C2026C00213 / f578e546a17068939a3a5a928474713f844dfae8 Scope: navPoint\_176 Compiled 2026\-06\-04\. This does not establish legal commencement\. Official source: https://www\.legislation\.gov\.au/C2018A00029/2026\-06\-04/2026\-06\-04/text/1/epub/OEBPS/document\_1/document\_1\.html Licence: https://creativecommons\.org/licenses/by/4\.0/ Based on content from the Federal Register of Legislation at 1 October 2026\. For the latest information on Australian Government legislation please go to https://www\.legislation\.gov\.au\. Converted XHTML into Tiptap JSON; recovered lists from paragraph classes; kept literal labels and text\. Print layout is changed\. The Commonwealth Coat of Arms is not covered by the CC BY licence\.