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The Ransomware Payments Bill 2021 (Cth)

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On 21 June 2021, the Ransomware Payments Bill 2021 was introduced into the federal House of Representatives. The Bill would introduce a mandatory reporting requirement for Commonwealth entities, all state and territory agencies, and specified private sector entities that make ransomware payments in response to a ransomware attack.

The resource Legal update: archive, The Ransomware Payments Bill 2021 (Cth) provides an overview of the introduction of the Ransomware Payments Bill 2021 (Bill) by Labor into the federal House of Representatives in response to a recent surge in ransomware attacks on Australian organisations. The Bill aims to establish a mandatory notification scheme applicable to ransomware payments (as defined) made by Commonwealth entities, states and territories and their agencies, and any person who carries on a business (within the meaning of the Income Tax Assessment Act 1997 (Cth) (ITA Act)). This includes partnerships but exempts small business entities as defined in the ITA Act (that is, entities with an annual turnover of less than $10 million) (clauses 5 and 11 of the Bill) (Entities).

For further information about ransomware including how it works and how to prevent, detect and respond to attacks, see Practice note, Ransomware.

For a toolkit to guide users through Practical Law's content relating to the legal, practical and commercial issues associated with cybersecurity, see Toolkit, Cybersecurity.

By Practical Law Commercial Team

Practical Law Australia’s expert legal writers have practical expertise gained from some of the country's leading law firms and corporate legal departments, including Ashurst, Baker & McKenzie, Gilbert + Tobin, Herbert Smith Freehills, the Australian Broadcasting Corporation (ABC) and more. They understand the pressure to deliver timely and cost effective legal advice, which is why Practical Law’s fully maintained practice notes, precedents, drafting notes and checklists offer clear and concise know-how with a practical perspective.

For more information on Practical Law Australia’s legal writing team, visit legal.thomsonreuters.com.au/practical-law-team

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