# Contents

#### Part 1—Preliminary

- 1 Short title
- 2 Commencement
- 3 Objects
- 4 Simplified outline of this Act
- 5 Extraterritoriality
- 6 Act binds the Crown
- 7 Concurrent operation of State and Territory laws
- 8 Definitions
- 9 Meaning of *cyber security incident*
- 10 Meaning of *permitted cyber security purpose*
- 11 Disclosure to State body

#### Part 2—Security standards for smart devices

##### Division 1—Preliminary

- 12 Simplified outline of this Part
- 13 Application of this Part

##### Division 2—Security standards for relevant connectable products

- 14 Security standards for relevant connectable products
- 15 Compliance with security standard for a relevant connectable product
- 16 Obligation to provide and supply products with a statement of compliance with security standard

##### Division 3—Enforcement

- 17 Compliance notice
- 18 Stop notice
- 19 Recall notice
- 20 Public notification of failure to comply with recall notice

##### Division 4—Miscellaneous

- 21 Revocation and variation of notices given under this Part
- 22 Internal review of decision to give compliance, stop or recall notice
- 23 Examination to assess compliance with security standard and statement of compliance
- 24 Acquisition of property

#### Part 3—Ransomware reporting obligations

##### Division 1—Preliminary

- 25 Simplified outline of this Part

##### Division 2—Reporting obligations

- 26 Application of this Part
- 27 Obligation to report following a ransomware payment
- 28 Liability

##### Division 3—Protection of information

- 29 Ransomware payment reports may only be used or disclosed for permitted purposes
- 30 Limitations on secondary use and disclosure of information in ransomware payment reports
- 31 Legal professional privilege
- 32 Admissibility of information in ransomware payment report against reporting business entity

#### Part 4—Coordination of significant cyber security incidents

##### Division 1—Preliminary

- 33 Simplified outline of this Part
- 34 Meaning of *significant cyber security incident*

##### Division 2—Voluntary information sharing with the National Cyber Security Coordinator

- 35 Impacted entity may voluntarily provide information to National Cyber Security Coordinator in relation to a significant cyber security incident
- 36 Voluntary provision of information in relation to other incidents or cyber security incidents
- 37 Role of the National Cyber Security Coordinator

##### Division 3—Protection of information

- 38 Information provided in relation to a significant cyber security incident—use and disclosure by National Cyber Security Coordinator
- 39 Information provided in relation to other incidents—use and disclosure by National Cyber Security Coordinator
- 40 Limitations on secondary use and disclosure
- 41 Legal professional privilege
- 42 Admissibility of information voluntarily given by impacted entity
- 43 National Cyber Security Coordinator not compellable as witness

##### Division 4—Miscellaneous

- 44 Interaction with other requirements to provide information in relation to a cyber security incident

#### Part 5—Cyber Incident Review Board

##### Division 1—Preliminary

- 45 Simplified outline of this Part

##### Division 2—Reviews

- 46 Board must cause reviews to be conducted
- 47 Board may discontinue a review
- 48 Chair may request information or documents
- 49 Chair may require certain entities to produce documents
- 50 Civil penalty—failing to comply with a notice to produce documents
- 51 Draft review reports
- 52 Final review reports
- 53 Certain information must be redacted from final review reports
- 54 Protected review reports

##### Division 3—Protection of information relating to reviews

- 55 Limitations on use and disclosure by the Board
- 56 Limitations on secondary use and disclosure
- 57 Legal professional privilege
- 58 Admissibility of information given by an entity that has been requested or required by the Board
- 59 Disclosure of draft review reports prohibited

##### Division 4—Establishment, functions and powers of the Board

- 60 Cyber Incident Review Board
- 61 Constitution of the Board
- 62 Functions of the Board
- 63 Independence

##### Division 5—Terms and conditions of appointment of the Chair and members of the Board

- 64 Appointment of Chair
- 65 Remuneration of the Chair
- 66 Appointment of standing members of the Board
- 67 Remuneration of standing members of the Board
- 68 Acting Chair
- 69 Terms and conditions etc. for standing members

##### Division 6—Expert Panel, staff assisting and consultants

- 70 Expert Panel
- 71 Arrangements relating to staff of the Department
- 72 Consultants

##### Division 7—Other matters relating to the Board

- 73 Board procedures
- 74 Liability
- 75 Certification of involvement in review
- 76 Annual report
- 77 Rules may prescribe reporting requirements etc.

#### Part 6—Regulatory powers

##### Division 1—Preliminary

- 78 Simplified outline of this Part

##### Division 2—Civil penalty provisions, enforceable undertakings and injunctions

- 79 Civil penalty provisions, enforceable undertakings and injunctions

##### Division 3—Monitoring and investigation powers

- 80 Monitoring powers
- 81 Investigation powers

##### Division 4—Infringement notices

- 82 Infringement notices

##### Division 5—Other matters

- 83 Contravening a civil penalty provision

#### Part 7—Miscellaneous

- 84 Simplified outline of this Part
- 85 How this Act applies in relation to non‑legal persons
- 86 Delegation by Secretary
- 87 Rules
- 88 Review of this Act
