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##### <strong>30BC  Notification of critical cyber security incidents</strong>

- \(1\) If:

    - \(a\) an entity is the responsible entity for a critical infrastructure asset; and

    - \(b\) the entity becomes aware that:

        - \(i\) a cyber security incident has occurred or is occurring; and

        - \(ii\) the incident has had, or is having, a significant impact \(whether direct or indirect\) on the availability of the asset;

    the entity must:

    - \(c\) give the relevant Commonwealth body \(see section&#160;30BF\) a report that:

        - \(i\) is about the incident; and

        - \(ii\) includes such information \(if any\) as is prescribed by the rules; and

    - \(d\) do so as soon as practicable, and in any event within 12 hours, after the entity becomes so aware\.

    Civil penalty:&#160;50 penalty units\.

###### <em>Form of report etc.</em>

- \(2\) A report under subsection&#160;\(1\) may be given:

    - \(a\) orally; or

    - \(b\) in writing\.

- \(3\) If a report under subsection&#160;\(1\) is given orally, the entity must:

    - \(a\) do both of the following:

        - \(i\) make a written record of the report in the approved form;

        - \(ii\) give a copy of the written record of the report to the relevant Commonwealth body \(see section&#160;30BF\); and

    - \(b\) do so within 84 hours after the report is given\.

    Civil penalty:&#160;50 penalty units\.

- \(4\) If the report is given in writing, the entity must ensure that the report is in the approved form\.

    Civil penalty:&#160;50 penalty units\.

###### <em>Exemption—written record</em>

- \(5\) The head \(however described\) of the relevant Commonwealth body \(see section&#160;30BF\) may, by written notice given to an entity, exempt the entity from subsection&#160;\(3\) in relation to a report about a specified cyber security incident\.

    Note:&#160;For specification by class, see subsection&#160;13\(3\) of the&#32;<em>Legislation Act 2003</em>\.

- \(6\) A notice under subsection&#160;\(5\) is not a legislative instrument\.

- \(7\) The head \(however described\) of the relevant Commonwealth body \(see section&#160;30BF\) may, by writing, delegate any or all of the head’s powers under subsection&#160;\(5\) to a person who:

    - \(a\) is an SES employee, or acting SES employee, in the relevant Commonwealth body; or

    - \(b\) holds, or is acting in, a position in the relevant Commonwealth body that is equivalent to, or higher than, a position occupied by an SES employee\.

    Note:&#160;The expressions&#32;<em><strong>SES employee</strong></em>&#32;and&#32;<em><strong>acting SES employee</strong></em>&#32;are defined in section&#160;2B of the&#32;<em>Acts Interpretation Act 1901</em>\.

- \(8\) In exercising powers under a delegation, the delegate must comply with any directions of the head \(however described\) of the relevant Commonwealth body\.

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## Source and attribution

Saved copy: C2018A00029 / C2026C00213 / f578e546a17068939a3a5a928474713f844dfae8

Scope: navPoint\_92

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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