41Loss or theft of security enhanced source

41 Loss or theft of security enhanced source

41 Loss or theft of security enhanced source

(1) If there is a breach of a prescribed security measure that results in a security enhanced source being lost, stolen, intentionally damaged or accessed without authority, a person responsible for the security enhanced source must—

(a) immediately notify the Authority and the NSW Police Force of the incident, and

(b) within 7 days of the notice, submit a report about the incident to the Authority that contains the following information—

(i) the circumstances of the loss, theft, damage or access,

(ii) the steps taken to rectify the loss, theft, damage or access,

(iii) if regulated material is lost or stolen—other information that may assist in the recovery of the material.

Maximum penalty—

(a) for an individual—250 penalty units, or

(b) otherwise—500 penalty units.

(2) A person is not required to—

(a) give notice if another person responsible for the source has already given notice, or

(b) submit a report if another person responsible for the source has already submitted a report.