Security of Critical Infrastructure Act 2018

The Secretary may, by written notice given to an entity that is the responsible entity for a system of national significance, require the entity to:

undertake a cyber security exercise in relation to:

the system; and

all types of cyber security incidents; and

do so within the period specified in the notice.

The Secretary may, by written notice given to an entity that is the responsible entity for a system of national significance, require the entity to:

undertake a cyber security exercise in relation to:

the system; and

one or more specified types of cyber security incidents; and

do so within the period specified in the notice.

The period specified in a notice under subsection (1) or (2) must not be earlier than the end of the 30‑day period that began when the notice was given.

A notice under subsection (1) or (2) may also require the entity to do any or all of the following things:

allow one or more specified designated officers to observe the cyber security exercise;

provide those designated officers with access to premises for the purposes of observing the cyber security exercise;

provide those designated officers with reasonable assistance and facilities that are reasonably necessary to allow those designated officers to observe the cyber security exercise;

allow those designated officers to make such records as are reasonably necessary for the purposes of monitoring compliance with the notice;

give those designated officers reasonable notice of the time when the cyber security exercise will begin.

In deciding whether to give a notice to an entity under subsection (1) or (2), the Secretary must have regard to:

the costs that are likely to be incurred by the entity in complying with the notice; and

the reasonableness and proportionality of the requirement in the notice; and

such other matters (if any) as the Secretary considers relevant.

Before giving a notice to an entity under subsection (1) or (2) in relation to a system of national significance, the Secretary must consult:

the entity; and

if there is a relevant Commonwealth regulator that has functions relating to the security of that system—the relevant Commonwealth regulator.