Document ID: chunk:federal_register_of_legislation:C2022A00033:clause:1_30ag
Version: federal_register_of_legislation:C2022A00033
Segment Type: clause
Provision Reference: sch 1 cl 30AG
Character Range: 19848–21699

30AG  Responsible entity must submit annual report

Scope
 (1) This section applies if, during a period (the relevant period) that consists of the whole or a part of a financial year:
 (a) an entity was the responsible entity for one or more critical infrastructure assets; and
 (b) the entity had a critical infrastructure risk management program that applied to the entity.

Annual report
 (2) The entity must, within 90 days after the end of the financial year, give:
 (a) if there is a relevant Commonwealth regulator that has functions relating to the security of those assets—the relevant Commonwealth regulator; or
 (b) in any other case—the Secretary;
a report that:
 (c) if the entity had the program at the end of the financial year—includes whichever of the following statements is applicable:
 (i) if the program was up to date at the end of the financial year—a statement to that effect;
 (ii) if the program was not up to date at the end of the financial year—a statement to that effect; and
 (d) if a hazard had a significant relevant impact on one or more of those assets during the relevant period—includes a statement that:
 (i) identifies the hazard; and
 (ii) evaluates the effectiveness of the program in mitigating the significant relevant impact of the hazard on the assets concerned; and
 (iii) if the program was varied during the financial year as a result of the occurrence of the hazard—outlines the variation; and
 (e) is in the approved form; and
 (f) if the entity has a board, council or other governing body—is approved by the board, council or other governing body, as the case requires.
Civil penalty: 150 penalty units.
 (3) A report given by an entity under subsection (2) is not admissible in evidence against the entity in civil proceedings relating to a contravention of a civil penalty provision of this Act.