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##### <strong>30CR  External evaluation report</strong>

###### <em>Scope</em>

- \(1\) This section applies if an entity has undertaken a cyber security exercise under section&#160;30CM, and:

    - \(a\) all of the following conditions are satisfied:

        - \(i\) the entity has prepared, or purported to prepare, an evaluation report under section&#160;30CQ relating to the exercise;

        - \(ii\) the entity has given a copy of the report to the Secretary;

        - \(iii\) the Secretary has reasonable grounds to believe that the report was not prepared appropriately; or

    - \(b\) the entity has contravened section&#160;30CQ\.

###### <em>Requirement</em>

- \(2\) The Secretary may, by written notice given to the entity, require the entity to:

    - \(a\) appoint an external auditor; and

    - \(b\) arrange for the external auditor to prepare an evaluation report \(the&#32;<em><strong>new evaluation report</strong></em>\) relating to the exercise; and

    - \(c\) arrange for the external auditor to give the new evaluation report to the entity; and

    - \(d\) give the Secretary a copy of the new evaluation report within:

        - \(i\) the period specified in the notice; or

        - \(ii\) if the Secretary allows a longer period—that longer period\.

- \(3\) The notice must specify:

    - \(a\) the matters to be covered by the new evaluation report; and

    - \(b\) the form of the new evaluation report and the kinds of details it is to contain\.

###### <em>Consultation</em>

- \(4\) Before giving a notice to an entity under this section in connection with a cyber security exercise that relates 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\.

###### <em>Eligibility for appointment as an external auditor</em>

- \(5\) An individual is not eligible to be appointed as an external auditor by the entity if the individual is an officer, employee or agent of the entity\.

###### <em>Compliance</em>

- \(6\) An entity must comply with a requirement under subsection&#160;\(2\)\.

    Civil penalty:&#160;200 penalty units\.

###### <em>Immunity</em>

- \(7\) The new evaluation report is not admissible in evidence against the entity in civil proceedings relating to a contravention of a civil penalty provision of this Act \(other than subsection&#160;\(6\)\)\.

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## Source and attribution

Saved copy: C2018A00029 / C2026C00213 / f578e546a17068939a3a5a928474713f844dfae8

Scope: navPoint\_119

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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