Document ID: chunk:federal_register_of_legislation:C2024C00797:section:41bd
Version: federal_register_of_legislation:C2024C00797
Segment Type: section
Provision Reference: s 41BD
Character Range: 147899–149186

41BD  Application of section 41BC to the Crown
 (1) Section 41BC binds the Crown in right of each of its capacities.
 (2) Subsection (1) does not make the Crown liable to be prosecuted for an offence.
Note: The Crown (other than a Crown authority) is not liable to a pecuniary penalty for the breach of a civil penalty provision or to be given an infringement notice: see subsections 79(8) and 82(7) of the Cyber Security Act 2024.
 (3) The protection in subsection (2) does not apply to an authority of the Crown.
 (4) Despite any other provision of this Division, information that may be communicated to a State body under this Division must not be communicated to the State body under this Division unless:
 (a) a Minister of the State or Territory has informed the responsible Minister for ASD, in writing, that the State or Territory gives consent to the provisions of this Division applying to the State body; and
 (b) a Minister of the State or Territory has not informed the responsible Minister for ASD, in writing, that the State or Territory withdraws that consent.
 (5) For the purposes of paragraph (4)(a), a Minister of a State or Territory may give consent in relation to all State bodies, a class of State bodies, or particular State bodies, of that State or Territory.