Commonwealth Numbered Acts

CYBER SECURITY ACT 2024 (NO. 98, 2024) - SECT 79

Enforceable provisions

  (1)   Each civil penalty provision of this Act, and each civil penalty provision of Division   1A of Part   6 of the Intelligence Services Act 2001 , is enforceable:

  (a)   under Part   4 of the Regulatory Powers Act (civil penalty provisions); and

  (b)   Part   7 (injunctions) of the Regulatory Powers Act.

Note 1:   Part   4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.

Note 2:   Part   7 of that Act creates a framework for using injunctions to enforce provisions.

  (2)   The following provisions are enforceable under Part   6 (enforceable undertakings) of the Regulatory Powers Act:

  (a)   each civil penalty provision of this Act, and each civil penalty provision of Division   1A of Part   6 of the Intelligence Services Act 2001 ;

  (b)   sections   15 and 16 of this Act.

Note:   Part   6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.

Authorised applicant

  (3)   For the purposes of Parts   4 and 7 of the Regulatory Powers Act, each of the following persons is an authorised applicant in relation to the civil penalty provisions mentioned in subsection   (1):

  (a)   the Secretary;

  (b)   a person who is appointed under subsection   (4).

  (4)   For the purposes of paragraph   (3)(b), the Secretary may, by writing, appoint a person who:

  (a)   is the chief executive officer (however described) of a designated Commonwealth body; or

  (b)   is an SES employee, or an acting SES employee, in:

  (i)   the Department; or

  (ii)   a designated Commonwealth body; or

  (c)   holds, or is acting in, a position in a designated Commonwealth body that is equivalent to, or higher than, a position occupied by an SES employee;

to be an authorised applicant for the purposes of Part   4 of the Regulatory Powers Act.

Note:   The expressions SES employee and acting SES employee are defined in section   2B of the Acts Interpretation Act 1901 .

Authorised person

  (5)   For the purposes of Part   6 of the Regulatory Powers Act, as that Part applies in relation to a provision mentioned in subsection   (2), each of the following persons is an authorised person:

  (a)   the Secretary;

  (b)   a person who is appointed under subsection   (6).

  (6)   For the purposes of paragraph   (5)(b), the Secretary may, by writing, appoint a person who is an SES employee, or an acting SES employee in:

  (a)   the Department; or

  (b)   a designated Commonwealth body.

Note:   The expressions SES employee and acting SES employee are defined in section   2B of the Acts Interpretation Act 1901 .

Relevant court

  (7)   For the purposes of Parts   4, 6 and 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsections   (1) and (2):

  (a)   the Federal Court of Australia;

  (b)   the Federal Circuit and Family Court of Australia (Division   2);

  (c)   a court of a State or Territory that has jurisdiction in relation to the matter.

Liability of Crown

  (8)   Part   4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions mentioned in subsection   (1), does not make the Crown liable to a pecuniary penalty.

  (9)   The protection in subsection   (8) does not apply to an authority of the Crown.