30CU  Requirement to undertake vulnerability assessment
  • (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, or cause to be undertaken, a vulnerability assessment 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, or cause to be undertaken, a vulnerability assessment 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)

    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.

  • (4)

    Before giving a notice to an entity under subsection (1) or (2) in relation to the 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.