Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to a reporting entity for a critical infrastructure asset if a notifiable event occurs in relation to the asset:
(a) after the entity gives information in relation to the asset under section 23; or
(b) after the end of the grace period for the asset.
Requirement to give information and notify of events
(2) If the reporting entity is required to give information in relation to the event in accordance with subsection (3), the reporting entity for the asset must give the Secretary that information and notice of the event:
(a) in the approved form; and
(b) by the end of 30 days after the event occurs.
Note 1: Persons other than the entity may give the information (see section 30 (agents may give notice or information) and Division 2 of Part 7 (treatment of certain entities)).
Note 2: For an exception to this section, see section 25 (information that is not able to be obtained).
Civil penalty: 50 penalty units.
(3) The following table sets out the information a reporting entity is required to give in relation to the event.
Ongoing obligation to give information | |||
Item | If the event is ... | this reporting entity ... | must give this information ... |
1 | an event covered by subparagraph 26(a)(i) | the entity that is the responsible entity for the asset immediately after the event occurs | any operational information in relation to the asset that is necessary to correct or complete the operational information, in relation to the asset, previously obtained by the Secretary. |
2 | an event covered by subparagraph 26(a)(ii) | the entity that is the direct interest holder to which the information relates | any interest and control information in relation to the entity and the asset that is necessary to correct or complete the interest and control information, in relation to the entity and the asset, previously obtained by the Secretary. |
3 | an event covered by paragraph 26(b) or (c) relating to the responsible entity for the asset | the responsible entity for the asset | the operational information in relation to the asset. |
4 | an event covered by paragraph 26(b) or (c) relating to a direct interest holder in relation to the asset | the direct interest holder in relation to the asset | the interest and control information in relation to the entity and the asset. |
Exception to requirement to give information
(4) However, subsection (2) does not apply in relation to the event (the first event ) if:
(a) before the end of 30 days after the first event occurs, another notifiable event (the second event ) occurs in relation to the asset; and
(b) a result of the second event is that the information in relation to the asset that was required to be given to the Secretary under subsection (2) following the first event is no longer correct.
Note: An entity that wishes to rely on subsection (4) in proceedings for a civil penalty order bears an evidential burden in relation to the matter in that subsection (see section 96 of the Regulatory Powers Act).