30CR  External evaluation report
Scope
  • (1)

    This section applies if an entity has undertaken a cyber security exercise under section 30CM, and:

    • (a)

      all of the following conditions are satisfied:

      • (i)

        the entity has prepared, or purported to prepare, an evaluation report under section 30CQ relating to the exercise;

      • (ii)

        the entity has given a copy of the report to the Secretary;

      • (iii)

        the Secretary has reasonable grounds to believe that the report was not prepared appropriately; or

    • (b)

      the entity has contravened section 30CQ.

Requirement
  • (2)

    The Secretary may, by written notice given to the entity, require the entity to:

    • (a)

      appoint an external auditor; and

    • (b)

      arrange for the external auditor to prepare an evaluation report (the new evaluation report) relating to the exercise; and

    • (c)

      arrange for the external auditor to give the new evaluation report to the entity; and

    • (d)

      give the Secretary a copy of the new evaluation report within:

      • (i)

        the period specified in the notice; or

      • (ii)

        if the Secretary allows a longer period—that longer period.

  • (3)

    The notice must specify:

    • (a)

      the matters to be covered by the new evaluation report; and

    • (b)

      the form of the new evaluation report and the kinds of details it is to contain.

Consultation
  • (4)

    Before giving a notice to an entity under this section in connection with a cyber security exercise that relates to a system of national significance, the Secretary must consult:

    • (a)

      the entity; and

    • (b)

      if there is a relevant Commonwealth regulator that has functions relating to the security of that system—the relevant Commonwealth regulator.

Eligibility for appointment as an external auditor
  • (5)

    An individual is not eligible to be appointed as an external auditor by the entity if the individual is an officer, employee or agent of the entity.

Compliance
  • (6)

    An entity must comply with a requirement under subsection (2).

    Civil penalty: 200 penalty units.

Immunity
  • (7)

    The new evaluation report is not admissible in evidence against the entity in civil proceedings relating to a contravention of a civil penalty provision of this Act (other than subsection (6)).