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COMMONWEALTHAct
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s 10

Meaning of permitted cyber security purpose

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Part 1Preliminary

10 Meaning of permitted cyber security purpose

Each of the following is a permitted cyber security purpose for a cyber security incident:

(a)

the performance of the functions of a Commonwealth body (to the extent that it is not a Commonwealth enforcement body) relating to responding to, mitigating or resolving the cyber security incident;

(b)

the performance of the functions of a State body relating to responding to, mitigating or resolving the cyber security incident;

(c)

the performance of the functions of the National Cyber Security Coordinator under Part 4 relating to the cyber security incident;

(d)

informing and advising the Minister, and other Ministers of the Commonwealth, about the cyber security incident;

(e)

preventing or mitigating material risks that the cyber security incident has seriously prejudiced, is seriously prejudicing, or could reasonably be expected to prejudice:

(i)

the social or economic stability of Australia or its people; or

(ii)

the defence of Australia; or

(iii)

national security;

(f)

preventing or mitigating material risks to a critical infrastructure asset;

(g)

the performance of the functions of an intelligence agency;

(h)

the performance of the functions of a Commonwealth enforcement body.

Note 1:

There are some limitations in relation to civil or regulatory functions against entities that have provided information in relation to the incident: see subsections 38(2) and 39(3).

Note 2:

Certain information must not be disclosed to a State body under Parts of this Act unless a Minister of the State or Territory has consented to those Parts applying to the State body: see section 11.

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