New South Wales Consolidated Acts

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ELECTRICITY SUPPLY ACT 1995 - SECT 94D

Requirement to provide information in connection with electricity supply emergency

94D Requirement to provide information in connection with electricity supply emergency

(1) The Minister may, by notice in writing given to a person (referred to in this Part as an
"information notice" ), require the person to provide such information as the Minister requires for any one or more of the following purposes--
(a) to determine whether the supply of electricity to all or any part of the State has been, or is likely to be, disrupted to a significant degree,
(a1) to determine whether there is, or is likely to be, a cyber security incident affecting the supply of electricity to all or any part of the State,
(b) to plan and prepare for the exercise of powers under this Part in the event that the supply of electricity is disrupted to a significant degree,
(c) to otherwise administer or enforce this Part.
(2) Without limiting the information that an information notice may require to be provided, the information so required may include the following--
(a) information (including location and operational status) about electricity structures, electricity works and other electricity infrastructure such as transmission substations,
(a1) information about 1 or more of the following--
(i) a cyber security incident reasonably believed to affect the person,
(ii) the person's plan to respond to cyber security incidents,
(iii) the actions the person has taken, or intends to take, in response to a cyber security incident,
(b) information (including location and operational status) about non-electricity infrastructure such as gas pipelines, data storage or server facilities and telecommunications towers,
(c) information that may be relevant to the supply of electricity in an emergency, including information about the location and availability of the following--
(i) coal supplies and stockpiles,
(ii) gas and liquid fuel stocks,
(iii) water storage reserves,
(iv) any relevant infrastructure or facilities with back-up power generation.
(3) An information notice must specify--
(a) the manner in which the information required by the notice is to be provided to the Minister, and
(b) a reasonable time by which the information is to be provided.
(4) For the avoidance of doubt, an information notice may be given whether or not the declaration of an electricity supply emergency is in force.
(5) A person must not--
(a) without lawful excuse fail to comply with an information notice given to the person, or
(b) provide any information in purported compliance with an information notice that is false or misleading in a material respect.
: Maximum penalty--2,000 penalty units in the case of a corporation or 100 penalty units in the case of an individual.
(6) An information notice may be given to a person by any of the following methods--
(a) in the case of an individual--by personal delivery to the person,
(b) by post to the address specified by the person for the giving of information notices,
(c) in the case of an individual who has not specified such an address--by post to the residential or business address of the person last known to the Minister,
(d) in the case of a corporation--by post to the registered office or any other office of the corporation or by leaving it at any such office with a person apparently over the age of 16 years,
(e) by email to an email address specified by the person for the giving of information notices,
(f) by any other method authorised by the regulations for the giving of information notices.



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