NSWIn ForceAct
Electricity Supply Act 1995
94DRequirement to provide information in connection with electricity supply emergency
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#### 94D Requirement to provide information in connection with electricity supply emergency
94D Requirement to provide information in connection with electricity supply emergency
> > (1) The Minister may, by notice in writing given to a person (referred to in this Part as an information notice), require the person to provide such information as the Minister requires for any one or more of the following purposes—
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> > > (a) to determine whether the supply of electricity to all or any part of the State has been, or is likely to be, disrupted to a significant degree,
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> > > (a1) to determine whether there is, or is likely to be, a cyber security incident affecting the supply of electricity to all or any part of the State,
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> > > (b) to plan and prepare for the exercise of powers under this Part in the event that the supply of electricity is disrupted to a significant degree,
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> > > (c) to otherwise administer or enforce this Part.
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> > (2) Without limiting the information that an information notice may require to be provided, the information so required may include the following—
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> > > (a) information (including location and operational status) about electricity structures, electricity works and other electricity infrastructure such as transmission substations,
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> > > (a1) information about 1 or more of the following—
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> > > > (i) a cyber security incident reasonably believed to affect the person,
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> > > > (ii) the person’s plan to respond to cyber security incidents,
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> > > > (iii) the actions the person has taken, or intends to take, in response to a cyber security incident,
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> > > (b) information (including location and operational status) about non-electricity infrastructure such as gas pipelines, data storage or server facilities and telecommunications towers,
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> > > (c) information that may be relevant to the supply of electricity in an emergency, including information about the location and availability of the following—
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> > > > (i) coal supplies and stockpiles,
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> > > > (ii) gas and liquid fuel stocks,
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> > > > (iii) water storage reserves,
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> > > > (iv) any relevant infrastructure or facilities with back-up power generation.
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> > (3) An information notice must specify—
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> > > (a) the manner in which the information required by the notice is to be provided to the Minister, and
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> > > (b) a reasonable time by which the information is to be provided.
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> > (4) For the avoidance of doubt, an information notice may be given whether or not the declaration of an electricity supply emergency is in force.
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> > (5) A person must not—
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> > > (a) without lawful excuse fail to comply with an information notice given to the person, or
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> > > (b) provide any information in purported compliance with an information notice that is false or misleading in a material respect.
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> > Maximum penalty—2,000 penalty units in the case of a corporation or 100 penalty units in the case of an individual.
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> > (6) An information notice may be given to a person by any of the following methods—
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> > > (a) in the case of an individual—by personal delivery to the person,
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> > > (b) by post to the address specified by the person for the giving of information notices,
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> > > (c) in the case of an individual who has not specified such an address—by post to the residential or business address of the person last known to the Minister,
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> > > (d) in the case of a corporation—by post to the registered office or any other office of the corporation or by leaving it at any such office with a person apparently over the age of 16 years,
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> > > (e) by email to an email address specified by the person for the giving of information notices,
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> > > (f) by any other method authorised by the regulations for the giving of information notices.
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> **s 94D:** Ins 2017 No 59, Sch 1 \[3\]. Am 2021 No 34, Sch 1\[21\] \[22\].