Page:Cybersecurity Act 2018.pdf/38

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CYBERSECURITY
39


(4) A specified person who, without reasonable excuse, fails to take any measure or comply with any requirement directed by the Minister under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 10 years or to both.

(5) Any person who, without reasonable excuse—

(a) obstructs a specified person in the taking of any measure or in complying with any requirement under subsection (1); or
(b) fails to comply with any direction given by a specified person for the purpose of the specified person taking any such measure or complying with any such requirement,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 10 years or to both.

(6) No civil or criminal liability is incurred by—

(a) a specified person for doing or omitting to do any act if the specified person had done or omitted to do the act in good faith and for the purpose of or as a result of taking any measure or complying with any requirement under subsection (1); or
(b) a person for doing or omitting to do any act if the person had done or omitted to do the act in good faith and for the purpose of or as a result of complying with a direction given by a specified person for the purpose of taking any such measure or complying with any such requirement.

(7) The following persons are not considered to be in breach of any restriction upon the disclosure of information imposed by law, contract or rules of professional conduct:

(a) a specified person who, in good faith, obtains any information for the purpose of taking any measure under subsection (1) or complying with any requirement under that subsection, or who discloses any information to the Minister or the Commissioner, in compliance with any requirement under that subsection;