Directions by the Minister Part 3 Directions by the Minister Division 2 Section 33 Matters etc. to which regard must be had (4) Before giving the entity the direction, the Minister must have regard to the following: (a) the adverse security assessment mentioned in paragraph (3)(c); (b) the costs that would be likely to be incurred by the entity in complying with the direction; (c) the potential consequences that the direction may have on competition in the relevant industry for the critical infrastructure asset; (d) the potential consequences that the direction may have on customers of, or services provided by, the entity; (e) any representations given by the entity or a consulted Minister under subsection 33(2) within the period specified for that purpose. (5) The Minister: (a) must give the greatest weight to the matter mentioned in paragraph (4)(a); and (b) may also have regard to any other matter the Minister considers relevant. 33 Consultation before giving direction Consultation with relevant State or Territory Ministers (1) Before giving an entity a direction under subsection 32(2), the Minister (the Commonwealth Minister) must: (a) consult the following persons (the consulted Minister): (i) the First Minister of the State, the Australian Capital Territory or the Northern Territory in which the critical infrastructure asset is located; (ii) each Minister of the State, the Australian Capital Territory, or the Northern Territory, who has responsibility for the regulation or oversight of the relevant industry for the critical infrastructure asset in that State or Territory; and No. 29, 2018 Security of Critical Infrastructure Act 2018 Authorised Version C2018A00029 33

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