30CMRequirement to undertake cyber security exercise

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.