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Cyber Security Act 2024 · Version 2024-11-29

17 Compliance notice

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Part 2—Security standards for smart devices

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Division 3—Enforcement

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17 Compliance notice

  • (1) The Secretary may give an entity that must comply with an obligation under section 15 or 16 a compliance notice if the Secretary:
  • (a) is reasonably satisfied that the entity is not complying with the obligation; or
  • (b) is aware of information that suggests that the entity may not be complying with the obligation.
  • (2) The compliance notice must:
  • (a) set out the name of the entity to which the notice is given; and
  • (b) set out brief details of the non‑compliance or possible non‑compliance; and
  • (c) specify action within the entity’s control that the entity must take in order to address the non‑compliance or possible non‑compliance; and
  • (d) specify a reasonable period within which the entity must take the specified action; and
  • (e) if the Secretary considers it appropriate—specify a reasonable period within which the entity must provide the Secretary with evidence that the entity has taken the specified action; and
  • (f) explain what may happen if the entity does not comply with the notice; and
  • (g) explain how the entity may seek review of the decision to issue the notice; and
  • (h) set out any other matters prescribed by the rules.
  • (3) Before giving the notice to the entity, the Secretary must:
  • (a) notify the entity that the Secretary intends to give the notice to the entity; and
  • (b) give the entity a specified period (which must not be shorter than 10 days) to make representations about the giving of the notice.
  • (4) Only one compliance notice may be given to an entity in relation to a particular instance of the entity’s non‑compliance, or possible non‑compliance, with an obligation under section 15 or 16.