Part 3 Directions by the Minister Division 2 Directions by the Minister Section 32 Division 2—Directions by the Minister 32 Direction if risk of act or omission that would be prejudicial to security (1) This section applies if in connection with the operation of, or the delivery of a service by, a critical infrastructure asset the Minister is satisfied that there is a risk of an act or omission that would be prejudicial to security. Direction to do, or refrain from doing, an act or thing (2) The Minister may, subject to subsections (3) and (4), give an entity that is a reporting entity for, or an operator of, a critical infrastructure asset a written direction requiring the entity to do, or refrain from doing, a specified act or thing within the period specified in the direction. (3) The Minister must not give the direction unless: (a) the Minister is satisfied that requiring the entity to do, or to refrain from doing, the specified act or thing is reasonably necessary for purposes relating to eliminating or reducing the risk mentioned in subsection (1); and (b) the Minister is satisfied that reasonable steps have been taken to negotiate in good faith with the entity to achieve an outcome of eliminating or reducing the risk without a direction being given under subsection (2); and (c) an adverse security assessment in respect of the entity has been given to the Minister for the purposes of this section; and (d) the Minister is satisfied that no existing regulatory system of the Commonwealth, a State or a Territory could instead be used to eliminate or reduce the risk mentioned in subsection (1). Note: 32 The Minister must also undertake consultation before giving a direction (see section 33). Security of Critical Infrastructure Act 2018 Authorised Version C2018A00029 No. 29, 2018