35AG  Duration of Ministerial authorisation

Scope

• (1)

  This section applies if a Ministerial authorisation is given in relation to:

  • (a)

    an incident; and

  • (b)

    an asset.

Duration of Ministerial authorisation

• (2)

  Subject to this section, the Ministerial authorisation remains in force for the period specified in the Ministerial authorisation (which must not exceed 20 days).

Fresh Ministerial authorisation

• (3)

  If a Ministerial authorisation (the original Ministerial authorisation) is in force, this Act does not prevent the Minister from giving a fresh Ministerial authorisation that:

  • (a)

    is in the same, or substantially the same, terms as the original Ministerial authorisation; and

  • (b)

    comes into force immediately after the expiry of the original Ministerial authorisation.

• (4)

  In deciding whether to give such a fresh Ministerial authorisation, the Minister must have regard to the number of occasions on which Ministerial authorisations have been made in relation to the incident and the asset.

• (5)

  Subsection (4) does not limit the matters to which the Minister may have regard to in deciding whether to give a fresh Ministerial authorisation.