Commonwealth Consolidated Acts

SECURITY OF CRITICAL INFRASTRUCTURE ACT 2018 - SECT 35AQ

  (1)   If an entity is a relevant entity for:

  (a)   a critical infrastructure asset; or

  (b)   a critical infrastructure sector asset;

the Secretary may give the entity a direction that directs the entity to do, or refrain from doing, a specified act or thing within the period specified in the direction.

  (2)   The Secretary must not give a direction under this section unless the direction:

  (a)   is identical to a direction specified in a Ministerial authorisation; and

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

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

Note:   A Ministerial authorisation must not be given unless the Minister is satisfied that the direction is reasonably necessary for the purposes of responding to a cyber security incident--see section   35AB.

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

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

  (5)   The Secretary must not give a direction under this section that would require an entity to give information to the Secretary.

Other powers not limited

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