35AEForm and notification of Ministerial authorisation

#### 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.