Part 3 Directions by the Minister Division 2 Directions by the Minister Section 34 (b) after reasonable steps have been taken to negotiate in good faith with the entity as described in paragraph 32(3)(b), give the entity and each consulted Minister written notice of the proposed direction. (2) The notice must invite the entity and each consulted Minister to make written representations to the Commonwealth Minister in relation to the proposed direction within the period specified in the notice, which must be: (a) at least 28 days after the notice is given; or (b) a shorter period if the Commonwealth Minister considers the shorter period is necessary because of urgent circumstances. (3) Subsection (1) does not limit the persons with whom the Commonwealth Minister may consult. 34 Requirement to comply with direction An entity must comply with a direction given to the entity under subsection 32(2). Note: If the entity is not a legal person, see Division 2 of Part 7. Civil penalty: 250 penalty units. 35 Exception—acquisition of property Section 34 does not apply to the extent (if any) that its operation would result in an acquisition of property from a person otherwise than on just terms. Note: 34 An entity that wishes to rely on this section in proceedings for a civil penalty order bears an evidential burden in relation to the matter in this section (see section 96 of the Regulatory Powers Act). Security of Critical Infrastructure Act 2018 Authorised Version C2018A00029 No. 29, 2018

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