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.