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Part 7 · Miscellaneous

67. Regulations by Authority

(1)

Subject to subsection (4), the Authority may, with the approval of the Minister, make regulations necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2)

Without limiting subsection (1), the Authority may, with the approval of the Minister, make regulations for or with respect to all or any of the following matters:

(a)

the processes and measures to be implemented to ensure the security (including the physical security and cybersecurity) of a major foundational digital infrastructure service;

(b)

the processes and measures to be implemented to minimise the likelihood of unexpected interruptions to the provision of a major foundational digital infrastructure service;

(c)

the business continuity and disaster recovery plans to be implemented to ensure timely resumption of a major foundational digital infrastructure service provided by a holder of a major FDI licence from interruptions to the holder’s business activities and processes;

(d)

the types of cybersecurity incidents or service delivery disruptions that are required to be notified to the Authority, and the form and manner in which the notification to the Authority is to be provided;

(e)

the types of cybersecurity threats or cybersecurity incidents in respect of a computer or computer system controlled by the holder of a major FDI licence that may give rise to a direction under section 17(3); (f)the energy efficiency and water efficiency requirements applicable to a data centre, and for this purpose different requirements may be prescribed for different classes of holders of DC licences;

(g)

the energy efficiency requirements applicable to information technology equipment installed within a data centre, and for this purpose different requirements may be prescribed for different classes of holders of DC licences; (h)the interests in a corporation or the trustee‑manager of a business trust that are to be disregarded for the purposes of Division 2 of Part 4;

(i)

the manner in which a person is related to another person so as to be an associate of that other person for the purposes of Division 2 of Part 4;

(j)

the requirements and the time for making an application for the grant or renewal of a major FDI licence or DC licence, and the supporting information and documents to be submitted in respect of such an application;

(k)

the fees to be paid in respect of any application under this Act and otherwise in connection with the administration of this Act, and the waiver, refund or remission (in whole or in part) of the fees;

(l)

any matter that is required or permitted to be prescribed under this Act.

(3)

Regulations may make different provisions for —

(a)

different classes of major foundational digital infrastructure service providers or operators of data centres; or

(b)

different circumstances.

(4)

This section does not apply to or in relation to any matter for which regulations may be made under any of the following sections: (a)section 45 (appeal to Minister); (b)section 68 (regulations by Minister charged with responsibility for coordinating policies associated with climate change); (c)section 71 (saving and transitional provisions).

Report

Part 8

Related Amendments to Cybersecurity Act 2018

Part 9

Saving and Transitional Provisions

Schedules