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Power to obtain information to ascertain if computer, etc.,
fulfils criteria of critical information infrastructure
8.—(1) This section applies where the Commissioner has reason to
believe that a computer or computer system may fulfil the criteria of a
critical information infrastructure.
(2) The Commissioner may, by notice given in the prescribed form
and manner, require any person who appears to be exercising control
over the computer or computer system, to provide to the
Commissioner, within a reasonable period specified in the notice,
such relevant information relating to that computer or computer
system as may be required by the Commissioner for the purpose of
ascertaining whether the computer or computer system fulfils the
criteria of a critical information infrastructure.
(3) Without affecting the generality of subsection (2), the
Commissioner may in the notice require the person who appears to
be exercising control over the computer or computer system to
provide —
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(a) information relating to —
(i) the function that the computer or computer system is
employed to serve; and
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(ii) the person or persons who is or are, or other computer
or computer systems that is or are, served by that
computer or computer system;
(b) information relating to the design of the computer or
computer system; and
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(c) such other information as the Commissioner may require in
order to ascertain whether the computer or computer
system fulfils the criteria of a critical information
infrastructure.
(4) Any person who, without reasonable excuse, fails to comply
with a notice issued under subsection (2) shall be guilty of an offence
and shall be liable on conviction to a fine not exceeding $100,000 or to
imprisonment for a term not exceeding 2 years or to both and, in the
case of a continuing offence, to a further fine not exceeding $5,000 for
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