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