Document ID: chunk:federal_register_of_legislation:C2025C00045:section:30dj
Version: federal_register_of_legislation:C2025C00045
Segment Type: section
Provision Reference: s 30DJ
Character Range: 203867–206306

30DJ  Secretary may require installation of system information software

Scope
 (1) This section applies if:
 (a) a computer:
 (i) is needed to operate a system of national significance; or
 (ii) is a system of national significance; and
 (b) the Secretary believes on reasonable grounds that a relevant entity for the system of national significance would not be technically capable of preparing reports under section 30DB or 30DC consisting of information that:
 (i) relates to the operation of the computer; and
 (ii) may assist with determining whether a power under this Act should be exercised in relation to the system of national significance; and
 (iii) is not personal information (within the meaning of the Privacy Act 1988).

Requirement
 (2) The Secretary may, by written notice given to the entity, require the entity to:
 (a) both:
 (i) install a specified computer program on the computer; and
 (ii) do so within the period specified in the notice; and
 (b) maintain the computer program installed in accordance with paragraph (a); and
 (c) take all reasonable steps to ensure that the computer is continuously supplied with an internet carriage service that enables the computer program to function.
 (3) A notice under subsection (2) is to be known as a system information software notice.
 (4) In deciding whether to give a system information software notice to the entity, the Secretary must have regard to:
 (a) the costs that are likely to be incurred by the entity in complying with the notice; and
 (b) the reasonableness and proportionality of the requirements in the notice; and
 (c) such other matters (if any) as the Secretary considers relevant.
 (5) A computer program may only be specified in a system information software notice if the purpose of the computer program is to:
 (a) collect and record information that:
 (i) relates to the operation of the computer; and
 (ii) may assist with determining whether a power under this Act should be exercised in relation to the system of national significance; and
 (iii) is not personal information (within the meaning of the Privacy Act 1988); and
 (b) cause the information to be transmitted electronically to ASD.

Matters to be set out in notice
 (6) A system information software notice must set out the effect of section 30DM.

Other powers not limited
 (7) This section does not, by implication, limit a power conferred by another provision of this Act.