30DJ  Secretary may require installation of system information software
Scope
(1)

This section applies if:

(a)

a computer:

(i)

is needed to operate a system of national significance; or

(ii)

is a system of national significance; and

(b)

the Secretary believes on reasonable grounds that a relevant entity for the system of national significance would not be technically capable of preparing reports under section 30DB or 30DC consisting of information that:

(i)

relates to the operation of the computer; and

(ii)

may assist with determining whether a power under this Act should be exercised in relation to the system of national significance; and

(iii)

is not personal information (within the meaning of the Privacy Act 1988).

Requirement
(2)

The Secretary may, by written notice given to the entity, require the entity to:

(a)

both:

(i)

install a specified computer program on the computer; and

(ii)

do so within the period specified in the notice; and

(b)

maintain the computer program installed in accordance with paragraph (a); and

(c)

take all reasonable steps to ensure that the computer is continuously supplied with an internet carriage service that enables the computer program to function.

(3)

A notice under subsection (2) is to be known as a system information software notice.

(4)

In deciding whether to give a system information software notice to the entity, the Secretary must have regard to:

(a)

the costs that are likely to be incurred by the entity in complying with the notice; and

(b)

the reasonableness and proportionality of the requirements in the notice; and

(c)

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

(5)

A computer program may only be specified in a system information software notice if the purpose of the computer program is to:

(a)

collect and record information that:

(i)

relates to the operation of the computer; and

(ii)

may assist with determining whether a power under this Act should be exercised in relation to the system of national significance; and

(iii)

is not personal information (within the meaning of the Privacy Act 1988); and

(b)

cause the information to be transmitted electronically to ASD.

Matters to be set out in notice
(6)

A system information software notice must set out the effect of section 30DM.

Other powers not limited
(7)

This section does not, by implication, limit a power conferred by another provision of this Act.