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 subject to investigation under Part 3 of the Regulatory Powers Act.

For the purposes of Part 3 of the Regulatory Powers Act, a person who is appointed under subsection (3) is an authorised applicant in relation to evidential material that relates to a provision mentioned in subsection (1).

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; 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 3 of the Regulatory Powers Act, a person who is appointed under subsection (5) is an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).

The Secretary may, by writing, appoint a person who is:

an APS employee in:

the Department; or

a designated Commonwealth body; or

an officer or employee of a designated Commonwealth body;

For the purposes of Part 3 of the Regulatory Powers Act, a magistrate is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1).

For the purposes of Part 3 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).

For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to evidential material that relates to a provision mentioned in subsection (1):

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 matters arising under this Act.