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##### <strong>30CB  Application of statutory incident response planning obligations—determination by the Secretary</strong>

- \(1\) The Secretary may, by written notice given to an entity that is the responsible entity for a system of national significance, determine that the statutory incident response planning obligations apply to the entity in relation to:

    - \(a\) the system; and

    - \(b\) cyber security incidents\.

- \(2\) A determination under this section takes effect at the time specified in the determination\.

- \(3\) The specified time must not be earlier than the end of the 30‑day period that began when the notice was given\.

- \(4\) In deciding whether to give a notice to an entity under this section in relation to a system of national significance, the Secretary must have regard to:

    - \(a\) the costs that are likely to be incurred by the entity in complying with Subdivision B; and

    - \(b\) the reasonableness and proportionality of applying the statutory incident response planning obligations to the entity in relation to:

        - \(i\) the system; and

        - \(ii\) cyber security incidents; and

    - \(c\) such other matters \(if any\) as the Secretary considers relevant\.

- \(5\) Before giving a notice to an entity under this section in relation to a system of national significance, the Secretary must consult:

    - \(a\) the entity; and

    - \(b\) if there is a relevant Commonwealth regulator that has functions relating to the security of that system—the relevant Commonwealth regulator\.

- \(6\) A determination under this section is not a legislative instrument\.

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## Source and attribution

Saved copy: C2018A00029 / C2026C00213 / f578e546a17068939a3a5a928474713f844dfae8

Scope: navPoint\_103

Compiled 2026\-06\-04\. This does not establish legal commencement\.

Official source: https://www\.legislation\.gov\.au/C2018A00029/2026\-06\-04/2026\-06\-04/text/1/epub/OEBPS/document\_1/document\_1\.html

Licence: https://creativecommons\.org/licenses/by/4\.0/

Based on content from the Federal Register of Legislation at 1 October 2026\. For the latest information on Australian Government legislation please go to https://www\.legislation\.gov\.au\.

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