Section 14
Power of Commissioner to issue written directions
(1)
The Commissioner may, if the Commissioner thinks —
(a)
it is necessary or expedient for ensuring the cybersecurity of a critical information infrastructure or a class of critical information infrastructure; or
(b)
it is necessary or expedient for the effective administration of this Act, issue a written direction, either of a general or specific nature, to the owner of a critical information infrastructure or a class of such owners.
(2)
Without affecting the generality of subsection (1), a direction under that subsection may relate to —
(a)
the action to be taken by the owner or owners in relation to a cybersecurity threat;
(b)
compliance with any code of practice or standard of performance applicable to the owner;
(c)
the appointment of an auditor approved by the Commissioner to audit the owner or owners on their compliance with this Act or any code of practice or standard of performance applicable to the owner or owners; or
(d)
such other matters as the Commissioner may think fit or expedient to ensure the cybersecurity of the critical information infrastructure.
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(3)
The Commissioner may at any time vary or revoke any direction issued under subsection (1).
(4)
Before giving a direction under subsection (1), the Commissioner shall, unless the Commissioner thinks it is not practicable or desirable to do so, give notice to the person or persons whom the Commissioner proposes to issue the direction —
(a)
stating that the Commissioner proposes to issue the direction and setting out its effect; and
(b)
specifying the time within which representations or objections to the proposed direction may be made.
(5)
The Commissioner shall consider any representation or objection which is duly made before giving any direction.
(6)
Any person who, without reasonable excuse, fails to comply with a direction under subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding $100,000, imprisonment for a term not exceeding 2 years or both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part thereof during which the offence continues after conviction.