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reg 23

Notification and investigation of suspected notifiable incidents

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23 Notification and investigation of suspected notifiable incidents

(1)

If a network operator has reasonable grounds to suspect that a notifiable incident has occurred in relation to the network the network operator must —

(a)

notify the Director of the incident, in a manner approved by the Director, as soon as possible after the network operator becomes aware of the incident; and

(b)

include in the notification all readily available details of the operation of any protective device that occurred on the network and that related, or may have related, to the incident.

Penalty for this subregulation: a fine of $250 000.

(2)

The network operator must investigate the incident.

Penalty for this subregulation: a fine of $250 000.

(3)

The network operator must ensure, so far as is reasonably practicable, that physical evidence relating to the incident is secured and retained until —

(a)

the Director has notified the network operator that the physical evidence is no longer required to be retained; or

(b)

the Director, with the agreement of the network operator, takes possession of the evidence.

Penalty for this subregulation: a fine of $250 000.

(4)

If, after notifying the Director of the incident, the network operator becomes satisfied on reasonable grounds that the incident is not a notifiable incident, the network operator must notify the Director of that, as soon as is reasonably practicable.

Penalty for this subregulation: a fine of $250 000.

(5)

The requirement to secure physical evidence under subregulation (3) is satisfied if —

(a)

the network operator moves the evidence to a place where it is secure from damage and interference; or

(b)

in a case where it is impracticable for the evidence to be moved as described in paragraph (a) —

(i)

the evidence is at a site the subject of a notification by the Director under regulation 25(1); or

(ii)

the network operator has made arrangements, that are approved by the Director, to secure the evidence.

(6)

A person must not dispose of or destroy physical evidence relating to the incident while it is required to be retained under subregulation (3).

Penalty for this subregulation:

(a)

for an individual, a fine of $50 000;

(b)

for a body corporate, a fine of $250 000.

[Regulation 23 amended: SL 2021/218 r. 12.]

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