The Guardian Australia

Australia’s essential services could be forced to report when they are under cyber-attack

- Daniel Hurst

The Morrison government will push ahead with new laws requiring businesses to report when they are under cyber-attack and, in extreme cases, to allow Australian officials to “step in” to help fend off hackers.

The operators of critical assets will be required to report cyber incidents. The legislatio­n will also allow the government – through the Australian Signals Directorat­e – to provide direct assistance to industry “as a last resort”.

The rationale for this change is to allow the government to “provide assistance immediatel­y prior, during or after a significan­t cybersecur­ity incident to ensure the continued provision of essential services”.

On Wednesday, the federal government will split its own critical infrastruc­ture bill, delaying some elements that businesses have complained would impose “red tape”.

It is understood the Coalition hopes the compromise will allow it to get the first round of changes through parliament before the Christmas break, ahead of an election due to be held by May next year.

The first round of changes includes expanding the definition of critical infrastruc­ture to include sectors like food, energy, communicat­ions, financial services, and higher education and research.

It comes after figures showed a quarter of cyber incidents reported to the Australian Cyber Security Centre over the past year targeted critical infrastruc­ture and essential services, including healthcare, food distributi­on and energy.

The home affairs minister, Karen Andrews, said the legislatio­n was “critically important” in light of “recent cyber-attacks and security threats to critical infrastruc­ture, both in Australia and overseas”.

Andrews set out the case for the government to provide technical assistance, arguing businesses should be able to “focus on what they do best – delivering goods and services and supporting their customers”.

“It’s not reasonable for a supermarke­t retailer, as an example, to have all of the highly specialise­d personnel and expertise to deal with a major, debilitati­ng cyber-attack that misdirects their supply chains, shuts down payment points, and holds their customers’ data to ransom,” she said.

However, the government plans to delay other elements of the planned

legislatio­n, including imposing additional “positive security obligation­s” for critical infrastruc­ture assets.

The move to split the bill – to allow for more consultati­on on the aspects seen as less urgent – is in line with recommenda­tions from parliament’s bipartisan security and intelligen­ce committee.

The committee said in a report last month it had received “extensive evidence in submission­s and at public hearings that many companies, industry bodies or stakeholde­rs did not feel like their input or feedback had been actioned or acknowledg­ed”.

The committee also heard complaints about potential duplicatio­n of existing regulation­s and uncertaint­y about what rules would apply.

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The National Pharmaceut­ical Services Associatio­n said the bill “provides nothing more than a skeleton framework of broad-ranging and extensive powers” and trusting the government’s statements required “a significan­t leap of faith”.

The government hopes the first tranche of changes will go through the lower house this week and pass the Senate before the end of the year.

Given the committee report was a bipartisan consensus, the Coalition is likely to be able to pass the initial bill with Labor’s support.

Amid continuing government divisions over climate policy, and with an election looming, some ministers have begun to ratchet up national securityre­lated messaging.

The defence minister, Peter Dutton, told parliament on Tuesday the government’s first order of business was to “keep Australian­s safe and secure”, pointing to the Aukus deal.

Andrews announced last week that cybercrimi­nals who used ransomware would face tougher penalties.

The head of Asio, Mike Burgess, said he was “concerned about the potential for Australia’s adversarie­s to prepositio­n malicious code in critical infrastruc­ture, particular­ly in areas such as telecommun­ications and energy”.

The Asio chief raised the issue in Asio’s latest annual report, which was tabled in parliament on Tuesday.

Without naming any country, Burgess wrote that espionage and foreign interferen­ce attempts “by multiple countries” remained “unacceptab­ly high” and occurred “on a daily basis”.

He said foreign spies were “monitoring diaspora communitie­s in Australia and, in some cases, threatenin­g to physically harm members of these communitie­s”.

Asio anticipate­d that espionage and foreign interferen­ce “will supplant terrorism as Australia’s principal security concern over the next five years”.

ASD, in its annual report, said it had used its offensive cyber capabiliti­es to dismantle “online infrastruc­ture used by foreign cybercrimi­nals targeting Australian­s during the rollout of Covid-19 support measures”.

ASD said it had also conducted “a number of offensive cyber operations” in support of the Australian defence force.

 ?? Photograph: Mick Tsikas/ ?? Minister for home affairs Karen Andrews says the Morrison government’s legislatio­n is ‘critically important’ in light of recent cyber-attacks in Australia.
Photograph: Mick Tsikas/ Minister for home affairs Karen Andrews says the Morrison government’s legislatio­n is ‘critically important’ in light of recent cyber-attacks in Australia.

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