30DJSecretary may require installation of system information software

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.