30ED  Secretary to assess notified changes and proposed changes
(1)

This section applies if, under subsection 30EC(2), the responsible entity for a critical telecommunications asset gives the Secretary a notification of a change or proposed change.

(2)

The Secretary must give the entity a notice under subsection (3) or (4) of this section:

(a)

by the end of 22 business days after the day the Secretary receives the notification, unless paragraph (b) of this subsection applies; or

(b)

if the Secretary sought further information from the entity by one or more notices given under subsection 30EC(4)—as soon as practicable, and no later than 22 business days, after the day the entity provided the information sought by the last notice given under that subsection.

(3)

If:

(a)

the Secretary considers the change or proposed change (including where further information is provided in response to a notice given under subsection 30EC(4)); and

(b)

in relation to the change or proposed change, the Secretary is satisfied that there is a risk to the asset that would be prejudicial to security;

the Secretary:

(c)

must give a written notice to the entity:

(i)

advising the entity of that risk; and

(ii)

setting out the entity’s obligation under subsection 30EB(2); and

(iii)

setting out the consequences for the entity for not complying with that obligation; and

(d)

may set out in that notice the measures the Secretary considers the entity could adopt to eliminate or reduce that risk.

(4)

If:

(a)

the Secretary considers the change or proposed change (including where further information is provided in response to a notice given under subsection 30EC(4)); and

(b)

in relation to the change or proposed change, the Secretary is satisfied that there is not a risk to the asset that would be prejudicial to security;

the Secretary must give a written notice to the entity to that effect.