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Cyber Security Act 2024 · Version 2024-11-29

21 Revocation and variation of notices given under this Part

Register source version C2024A00098 · Source observation:

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Part 2—Security standards for smart devices

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Division 4—Miscellaneous

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21 Revocation and variation of notices given under this Part

Variation

  • (1) The Secretary may, by notice in writing given to an entity, vary a compliance notice, stop notice or recall notice given under this Part to the entity if the Secretary is reasonably satisfied that the variation is required:
  • (a) in order to rectify an error, defect or ambiguity in the notice; or
  • (b) to adequately rectify the non‑compliance, or possible non‑compliance, to which the notice relates.
  • (2) Before giving the notice to the entity under subsection (1), 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.
  • (3) A varied compliance notice, stop notice or recall notice has the same effect as the original notice for the purposes of this Part.

Revocation

  • (4) The Secretary may, by notice in writing given to an entity, revoke a compliance notice, stop notice or recall notice given under this Part to the entity if the Secretary is no longer satisfied that the grounds for issuing the notice were met.
  • (5) If a compliance notice, stop notice or recall notice, relating to non‑compliance or possible non‑compliance by an entity with an obligation, is revoked under subsection (4), no further notices may be issued under this Part in relation to that non‑compliance.