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Security of Critical Infrastructure Act 2018
30DJSecretary may require installation of system information software
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#### 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.