Cyber Security Act 2024

Each civil penalty provision of this Act, and each civil penalty provision of Division 1A of Part 6 of the Intelligence Services Act 2001, is enforceable:

under Part 4 of the Regulatory Powers Act (civil penalty provisions); and

Part 7 (injunctions) of the Regulatory Powers Act.

Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.

Part 7 of that Act creates a framework for using injunctions to enforce provisions.

The following provisions are enforceable under Part 6 (enforceable undertakings) of the Regulatory Powers Act:

each civil penalty provision of this Act, and each civil penalty provision of Division 1A of Part 6 of the Intelligence Services Act 2001;

sections 15 and 16 of this Act.

Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.

For the purposes of Parts 4 and 7 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the civil penalty provisions mentioned in subsection (1):

the Secretary;

a person who is appointed under subsection (4).

For the purposes of paragraph (3)(b), the Secretary may, by writing, appoint a person who:

is the chief executive officer (however described) of a designated Commonwealth body; or

is an SES employee, or an acting SES employee, in:

the Department; or

a designated Commonwealth body; or

holds, or is acting in, a position in a designated Commonwealth body that is equivalent to, or higher than, a position occupied by an SES employee;

The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

For the purposes of Part 6 of the Regulatory Powers Act, as that Part applies in relation to a provision mentioned in subsection (2), each of the following persons is an authorised person:

the Secretary;

a person who is appointed under subsection (6).

For the purposes of paragraph (5)(b), the Secretary may, by writing, appoint a person who is an SES employee, or an acting SES employee in:

the Department; or

a designated Commonwealth body.

The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

For the purposes of Parts 4, 6 and 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsections (1) and (2):

the Federal Court of Australia;

the Federal Circuit and Family Court of Australia (Division 2);

a court of a State or Territory that has jurisdiction in relation to the matter.

Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions mentioned in subsection (1), does not make the Crown liable to a pecuniary penalty.

The protection in subsection (8) does not apply to an authority of the Crown.