##### 35AY  Form and notification of request - \(1\) A request under section 35AX may be given: - \(a\) orally; or - \(b\) in writing\. - \(2\) The Secretary must not give a request under section 35AX orally unless the delay that would occur if the request were to be given in writing would frustrate the effectiveness of the request\. ###### Notification of requests given orally - \(3\) If a request under section 35AX is given orally, the Secretary must: - \(a\) do both of the following: - \(i\) make a written record of the request; - \(ii\) give a copy of the written record of the request to the chief executive of the authorised agency; and - \(b\) do so within 48 hours after the request is given\. - \(4\) If a request under section 35AX is given orally in relation to a critical infrastructure asset, the Secretary must: - \(a\) do both of the following: - \(i\) make a written record of the request; - \(ii\) give a copy of the written record of the request to the responsible entity for the asset; and - \(b\) do so within 48 hours after the request is given\. - \(5\) If a request under section 35AX is given orally in relation to a critical infrastructure sector asset \(other than a critical infrastructure asset\), the Secretary must: - \(a\) make a written record of the request; and - \(b\) give a copy of the written record of the request to whichever of the following entities the Secretary considers to be most relevant in relation to the request: - \(i\) the owner, or each of the owners, of the asset; - \(ii\) the operator, or each of the operators, of the asset; and - \(c\) do so within 48 hours after the request is given\. ###### Notification of requests given in writing - \(6\) If a request under section 35AX is given in writing, the Secretary must: - \(a\) give a copy of the request to the chief executive of the authorised agency; and - \(b\) do so within 48 hours after the request is made\. - \(7\) If a request under section 35AX is given in writing in relation to a critical infrastructure asset, the Secretary must: - \(a\) give a copy of the request to the responsible entity for the asset; and - \(b\) do so within 48 hours after the request is given\. - \(8\) If a request under section 35AX is given in writing in relation to a critical infrastructure sector asset \(other than a critical infrastructure asset\), the Secretary must: - \(a\) give a copy of the request to whichever of the following entities the Secretary considers to be most relevant in relation to the request: - \(i\) the owner, or each of the owners, of the asset; - \(ii\) the operator, or each of the operators, of the asset; and - \(b\) do so within 48 hours after the request is given\. --- ## Source and attribution Saved copy: C2018A00029 / C2026C00213 / f578e546a17068939a3a5a928474713f844dfae8 Scope: navPoint\_197 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\.