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Cyber Security Act 2024 · Version 2024-11-29

13 Application of this Part

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Part 2—Security standards for smart devices

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Division 1—Preliminary

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13 Application of this Part

  • (1) This Part applies to a relevant connectable product that is:
  • (a) manufactured on or after the commencement of this Part; or
  • (b) supplied (other than as second hand goods) on or after the commencement of this Part.
  • (2) A relevant connectable product is a product that:
  • (a) is an internet‑connectable product or a network‑connectable product; and
  • (b) is not exempted under the rules.
  • (3) For the purposes of paragraph (2)(b), the rules may specify that:
  • (a) classes of products are exempted; or
  • (b) particular products are exempted.
  • (4) An internet‑connectable product is a product that is capable of connecting to the internet using a communication protocol that forms part of the internet protocol suite to send and receive data over the internet.
  • (5) A network‑connectable product is a product that:
  • (a) is capable of both sending and receiving data by means of a transmission involving electrical or electromagnetic energy; and
  • (b) is not an internet‑connectable product; and
  • (c) meets the condition in subsection (6) or (7).
  • (6) A product meets the condition in this subsection if it is capable of connecting directly to an internet‑connectable product by means of a communication protocol that forms part of the internet protocol suite.
  • (7) Subject to subsections (8) and (9), a product meets the condition in this subsection if:
  • (a) it is capable of connecting directly to 2 or more products at the same time by means of a communication protocol that does not form part of the internet protocol suite; and
  • (b) it is capable of connecting directly to an internet‑connectable product by means of such a communication protocol (whether or not at the same time as it connects to any other product).
  • (8) A product consisting of a wire or cable that is used merely to connect the product to another product does not meet the condition in subsection (7).
  • (9) If:
  • (a) two or more products are designed to be used together for the purposes of facilitating the use of a computer (within the ordinary meaning of that expression); and
  • (b) at least one of the products (the linking product) is capable of connecting directly to an internet‑connectable product (whether the computer or some other product) by means of a communication protocol that does not form part of the internet protocol suite; and
  • (c) each of the products (the input products) that is not a linking product is capable of connecting directly to the linking product, or, if there is more than one linking product, to each linking product:
    • (i) wirelessly; and
    • (ii) by means of a communication protocol that does not form part of the internet protocol suite;

each of the input products meets the condition in subsection (7).

  • (10) For the purposes of subsections (4) to (9), a product is not prevented from being regarded as connecting directly to another product merely because the connection involves the use of a wire or cable.