30CM  Requirement to undertake cyber security exercise
  • (1)

    The Secretary may, by written notice given to an entity that is the responsible entity for a system of national significance, require the entity to:

    • (a)

      undertake a cyber security exercise in relation to:

      • (i)

        the system; and

      • (ii)

        all types of cyber security incidents; and

    • (b)

      do so within the period specified in the notice.

  • (2)

    The Secretary may, by written notice given to an entity that is the responsible entity for a system of national significance, require the entity to:

    • (a)

      undertake a cyber security exercise in relation to:

      • (i)

        the system; and

      • (ii)

        one or more specified types of cyber security incidents; and

    • (b)

      do so within the period specified in the notice.

  • (3)

    The period specified in a notice under subsection (1) or (2) must not be earlier than the end of the 30‑day period that began when the notice was given.

  • (4)

    A notice under subsection (1) or (2) may also require the entity to do any or all of the following things:

    • (a)

      allow one or more specified designated officers to observe the cyber security exercise;

    • (b)

      provide those designated officers with access to premises for the purposes of observing the cyber security exercise;

    • (c)

      provide those designated officers with reasonable assistance and facilities that are reasonably necessary to allow those designated officers to observe the cyber security exercise;

    • (d)

      allow those designated officers to make such records as are reasonably necessary for the purposes of monitoring compliance with the notice;

    • (e)

      give those designated officers reasonable notice of the time when the cyber security exercise will begin.

  • (5)

    In deciding whether to give a notice to an entity under subsection (1) or (2), the Secretary must have regard to:

    • (a)

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

    • (b)

      the reasonableness and proportionality of the requirement in the notice; and

    • (c)

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

  • (6)

    Before giving a notice to an entity under subsection (1) or (2) 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.