Cyber Security Act 2024

The Secretary may give an entity that must comply with an obligation under section 15 or 16 a compliance notice if the Secretary:

is reasonably satisfied that the entity is not complying with the obligation; or

is aware of information that suggests that the entity may not be complying with the obligation.

The compliance notice must:

set out the name of the entity to which the notice is given; and

set out brief details of the non‑compliance or possible non‑compliance; and

specify action within the entity’s control that the entity must take in order to address the non‑compliance or possible non‑compliance; and

specify a reasonable period within which the entity must take the specified action; and

if the Secretary considers it appropriate—specify a reasonable period within which the entity must provide the Secretary with evidence that the entity has taken the specified action; and

explain what may happen if the entity does not comply with the notice; and

explain how the entity may seek review of the decision to issue the notice; and

set out any other matters prescribed by the rules.

Before giving the notice to the entity, the Secretary must:

notify the entity that the Secretary intends to give the notice to the entity; and

give the entity a specified period (which must not be shorter than 10 days) to make representations about the giving of the notice.

Only one compliance notice may be given to an entity in relation to a particular instance of the entity’s non‑compliance, or possible non‑compliance, with an obligation under section 15 or 16.