30DJ  Secretary may require installation of system information software

Scope

• (1)

  This section applies if:

  • (a)

    a computer:

    • (i)

      is needed to operate a system of national significance; or

    • (ii)

      is a system of national significance; and

  • (b)

    the Secretary believes on reasonable grounds that a relevant entity for the system of national significance would not be technically capable of preparing reports under section 30DB or 30DC consisting of information that:

    • (i)

      relates to the operation of the computer; and

    • (ii)

      may assist with determining whether a power under this Act should be exercised in relation to the system of national significance; and

    • (iii)

      is not personal information (within the meaning of the Privacy Act 1988).

Requirement

• (2)

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

  • (a)

    both:

    • (i)

      install a specified computer program on the computer; and

    • (ii)

      do so within the period specified in the notice; and

  • (b)

    maintain the computer program installed in accordance with paragraph (a); and

  • (c)

    take all reasonable steps to ensure that the computer is continuously supplied with an internet carriage service that enables the computer program to function.

• (3)

  A notice under subsection (2) is to be known as a system information software notice.

• (4)

  In deciding whether to give a system information software notice to the entity, 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 requirements in the notice; and

  • (c)

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

• (5)

  A computer program may only be specified in a system information software notice if the purpose of the computer program is to:

  • (a)

    collect and record information that:

    • (i)

      relates to the operation of the computer; and

    • (ii)

      may assist with determining whether a power under this Act should be exercised in relation to the system of national significance; and

    • (iii)

      is not personal information (within the meaning of the Privacy Act 1988); and

  • (b)

    cause the information to be transmitted electronically to ASD.

Matters to be set out in notice

• (6)

  A system information software notice must set out the effect of section 30DM.

Other powers not limited

• (7)

  This section does not, by implication, limit a power conferred by another provision of this Act.