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
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