30CB  Application of statutory incident response planning obligations—determination by the Secretary
  • (1)

    The Secretary may, by written notice given to an entity that is the responsible entity for a system of national significance, determine that the statutory incident response planning obligations apply to the entity in relation to:

    • (a)

      the system; and

    • (b)

      cyber security incidents.

  • (2)

    A determination under this section takes effect at the time specified in the determination.

  • (3)

    The specified time must not be earlier than the end of the 30‑day period that began when the notice was given.

  • (4)

    In deciding whether to give a notice to an entity under this section in relation to a system of national significance, the Secretary must have regard to:

    • (a)

      the costs that are likely to be incurred by the entity in complying with Subdivision B; and

    • (b)

      the reasonableness and proportionality of applying the statutory incident response planning obligations to the entity in relation to:

      • (i)

        the system; and

      • (ii)

        cyber security incidents; and

    • (c)

      such other matters (if any) as the Secretary considers relevant.

  • (5)

    Before giving a notice to an entity under this section in relation 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.

  • (6)

    A determination under this section is not a legislative instrument.