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##### <strong>35AX  Intervention request</strong>

- \(1\) The Secretary may give the chief executive of the authorised agency a request that the authorised agency do one or more specified acts or things within the period specified in the request\.

- \(2\) The Secretary must not give a request under this section unless the request:

    - \(a\) is identical to a request specified in a Ministerial authorisation; and

    - \(b\) includes a statement to the effect that the request is authorised by the Ministerial authorisation; and

    - \(c\) specifies the date on which the Ministerial authorisation was given\.

    Note:&#160;A Ministerial authorisation must not be given unless the Minister is satisfied that the request is reasonably necessary for the purposes of responding to a cyber security incident—see subsection&#160;35AB\(10\)\.

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

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

- \(5\) A request under this section does not extend to:

    - \(a\) doing an act or thing that would be prohibited by section&#160;7 of the&#32;<em>Telecommunications (Interception and Access) Act 1979</em>; or

    - \(b\) doing an act or thing that would be prohibited by section&#160;108 of the&#32;<em>Telecommunications (Interception and Access) Act 1979</em>; or

    - \(c\) doing an act or thing that would \(disregarding this Act\) be prohibited by section&#160;276, 277 or 278 of the&#32;<em>Telecommunications Act 1997</em>\.

###### <em>Other powers not limited</em>

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

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## Source and attribution

Saved copy: C2018A00029 / C2026C00213 / f578e546a17068939a3a5a928474713f844dfae8

Scope: navPoint\_196

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\.

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