Document ID: chunk:federal_register_of_legislation:C2024A00100:clause:5_30ec:p1
Version: federal_register_of_legislation:C2024A00100
Segment Type: clause
Provision Reference: sch 5 cl 30EC (pt 1/2)
Character Range: 42537–45380

30EC  Responsible entity to notify certain changes and proposed changes to telecommunications service or system
 (1) This section applies if, at any time, the responsible entity for a critical telecommunications asset prescribed by the rules for the purposes of this subsection becomes aware that the implementation of a change, or proposed change, by the entity to:
 (a) a telecommunications service; or
 (b) a telecommunications system;
is likely to have a material adverse effect on the entity's capacity to comply with its obligation under subsection 30EB(2), to the extent that subsection applies for the purposes of security and the asset.
Note 1: For specification by class, see subsection 13(3) of the Legislation Act 2003.
Note 2: See section 30EE for the kinds of changes covered by this Division.
 (2) As soon as reasonably practicable after becoming aware that the change, or proposed change, is likely to have a material adverse effect as mentioned in subsection (1), the responsible entity for the critical telecommunications asset must:
 (a) notify the Secretary, in writing, of the change, or of the entity's intention to implement the proposed change; and
 (b) specify the asset in the notification; and
 (c) include in the notification a description of the change or proposed change; and
 (d) in relation to the change or proposed change—include in the notification any other information of a kind prescribed by the rules for the purposes of this paragraph.
Civil penalty: 300 penalty units.
 (3) Information of a kind prescribed by the rules for the purposes of paragraph (2)(d) must be information that relates to changes, or proposed changes, to telecommunications services or telecommunications systems.

Further information
 (4) If:
 (a) the responsible entity for a critical telecommunications asset gives a notification under subsection (2) in relation to a change or proposed change; and
 (b) the Secretary considers that further information is required for the Secretary to assess whether, in relation to the change or proposed change, there is a risk to the asset that would be prejudicial to security;
the Secretary may, by written notice given to the entity, require the entity to give the Secretary specified further information by the end of:
 (c) 44 business days after the day the notice is given; or
 (d) such longer period as the Secretary allows.
 (5) The Secretary must give any notice under subsection (4) by the end of 22 business days after the day the Secretary receives the notification under subsection (2).
 (6) If the Secretary:
 (a) gives a notice to the entity under subsection (4) in relation to specified further information; and
 (b) considers that information additional to the specified further information is required for the Secretary to make the assessment mentioned in paragraph (4)(b);