Document ID: chunk:federal_register_of_legislation:C2021A00124:clause:1_75
Version: federal_register_of_legislation:C2021A00124
Segment Type: clause
Provision Reference: sch 1 cl 75
Character Range: 153980–154658

75  After subsection 35AB(1)
Insert:
 (1A) This section also applies if the Minister is satisfied that:
 (a) a cyber security incident:
 (i) has occurred; or
 (ii) is occurring; or
 (iii) is imminent; and
 (b) the incident has had, is having, or is likely to have, a relevant impact on a critical infrastructure asset (the primary asset); and
 (c) the incident relates to an emergency specified in a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) that is in force; and
 (d) no existing regulatory system of the Commonwealth, a State or a Territory could be used to provide a practical and effective response to the incident.