When does Australia's Cyber Security Act require a ransomware payment report?
The trigger is not every ransomware incident. Part 3 applies where a cyber security incident has had, is having, or could reasonably be expected to have a direct or indirect impact on a reporting business entity; an extorting entity makes a demand to benefit from the incident or its impact; and the reporting business entity provides, or knows another entity has provided on its behalf, a payment or benefit directly related to that demand.
A reporting business entity is either a responsible entity for a critical infrastructure asset to which Part 2B of the Security of Critical Infrastructure Act 2018 applies, or an entity carrying on business in Australia whose annual turnover for the previous financial year exceeds the turnover threshold and that is not a Commonwealth body, State body, or responsible entity for a critical infrastructure asset under the other limb.
The 2025 Rules prescribe the ordinary turnover threshold as $3 million for the previous financial year. If the business operated for only part of the previous financial year, the Rules use a pro-rated formula based on $3 million multiplied by the number of operating days divided by the number of days in that previous financial year.
- Scope evidence: entity status, whether it carries on business in Australia, prior-financial-year turnover, any partial-year calculation, and whether it is a responsible entity for a Part 2B critical infrastructure asset.
- Incident evidence: why the event is treated as a cyber security incident and how it directly or indirectly impacted the reporting business entity.
- Payment evidence: the extortion demand, who paid or provided the benefit, whether the payment was made on behalf of the reporting business entity, and when the entity made the payment or became aware it had been made.
Supports the ransomware-reporting trigger, 72-hour timing, and required report-content categories in sections 26 and 27.
Supports the $3 million turnover threshold and the partial-year threshold formula for reporting business entities.
Supports the responsible-entity limb for critical infrastructure assets that are brought into the ransomware reporting test.