30DB  Secretary may require periodic reporting of system information

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 is technically capable of preparing periodic reports 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)

    prepare periodic reports that:

    • (i)

      consist of any such information; and

    • (ii)

      relate to such regular intervals as are specified in the notice; and

  • (b)

    prepare those periodic reports:

    • (i)

      in the manner and form specified in the notice; and

    • (ii)

      in accordance with the information technology requirements specified in the notice; and

  • (c)

    give each of those periodic reports to ASD within the period ascertained in accordance with the notice in relation to the periodic report concerned.

• (3)

  A notice under subsection (2) is to be known as a system information periodic reporting notice.

• (4)

  In deciding whether to give a system information periodic reporting 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.

Matters to be set out in notice

• (5)

  A system information periodic reporting notice must set out the effect of section 30DF.

Other powers not limited

• (6)

  This section does not, by implication, limit a power conferred by another provision of this Act.