35AH Revocation of Ministerial authorisation
Scope
This section applies if a Ministerial authorisation is in force in relation to:
an incident; and
an asset.
Power to revoke Ministerial authorisation
The Minister may, in writing, revoke the Ministerial authorisation.
Duty to revoke Ministerial authorisation
If the Minister is satisfied that the Ministerial authorisation is no longer required to respond to the incident, the Minister must, in writing, revoke the Ministerial authorisation.
If the Secretary is satisfied that the Ministerial authorisation is no longer required to respond to the incident, the Secretary must:
notify the Minister that the Secretary is so satisfied; and
do so soon as practicable after the Secretary becomes so satisfied.
Notification of revocation
If the Ministerial authorisation is revoked, the Minister must:
give a copy of the revocation to:
the Secretary; and
the Inspector‑General of Intelligence and Security; and
each relevant entity for the asset; and
do so within 48 hours after the Ministerial authorisation is revoked.
If a Ministerial authorisation is revoked in relation to:
an incident; and
a critical infrastructure asset;
the Minister must:
give a copy of the revocation to the responsible entity for the asset; and
do so within 48 hours after the Ministerial authorisation is revoked.
If a Ministerial authorisation is revoked in relation to:
an incident; and
a critical infrastructure sector asset (other than a critical infrastructure asset);
the Minister must:
give a copy of the revocation to whichever of the following entities the Minister considers to be most relevant in relation to the Ministerial authorisation:
the owner, or each of the owners, of the asset;
the operator, or each of the operators, of the asset; and
do so within 48 hours after the Ministerial authorisation is revoked.
Revocation is not a legislative instrument
A revocation of the Ministerial authorisation is not a legislative instrument.
Application of Acts Interpretation Act 1901
This section does not, by implication, affect the application of subsection 33(3) of the Acts Interpretation Act 1901 to an instrument made under a provision of this Act (other than this Part).