Section 76
Licensees’ infrastructure information security
Any licensee as directed by the Commission shall be responsible for the preservation of confidentiality, integrity and availability of the licensees’ information, information systems and supporting network infrastructure pertaining to its licensed activity, duties and other matters as provided under this Enactment.
(2)
The licensee shall —
(a)
take the necessary measures, establish and implement standards and employ the relevant information security controls to prevent, avoid, remedy, recover or restore its information, document, instrument or records stored in its computers and for its operational system by its computers from any risk of —
(i)
threat or unauthorized access; and
(ii)
intrusion or removal;
(b)
take necessary measures to ensure the resiliency of its supporting network infrastructure to minimize business impact against various threats to its licensed activities; and
48
(c)
ensure that the reliability, continuity and quality of gas delivery system, its performance of duties and conformity to the provisions of this Enactment shall not be jeopardized thereby, and shall, within the time specified by the Commission, submit such information as required by the Commission and in the event of any incident which may interfere or affect the performance of the licensed activity, report to the Commission and other relevant authorities.
(3)
Any licensee who fails or neglects to comply with or contravenes any provision of this section commits an offence and shall, on conviction, be liable to a fine not exceeding three hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.
(4)
For the purposes of this section —
“supporting network infrastructure” refers to relevant connection, network devices, hardware and software that provides network services in supporting business functions;
“information security controls” refers to means of managing risk, including policies, procedures, guidelines, practices or organizational structures, which can be administrative, technical, management or legal in nature; and
“resiliency” means an ability of an organization to resist being affected by an incident.
Special powers in emergency
77 . (1) The Yang di-Pertuan Agong may, on the occurrence of any industrial unrest, strike, lock-out or any other event which gives rise to an emergency, or in the interest of public safety, authorize the Commission to —
(a)
suspend the licence of any licensee, take temporary possession of any pipeline or piping system of such licensee and operate it in such manner as the
Commission deems fit; or
(b)
withdraw either partially or totally the use of any pipeline or piping system from any person or class of persons or from the public at large.
(2)
If any doubt arises as to the existence of an emergency or whether any act done under subsection (1) was in the interest of public safety, a certificate signed by the Yang di-Pertuan
Agong and exhibited at such places as the Minister deems fit shall be conclusive proof on the point.
(3)
Where the Commission takes possession of any pipeline or piping system of any licensee under paragraph (1)(a) the licensee shall be paid adequate compensation which shall be determined by the Commission after giving an opportunity to the licensee to be heard on the matter.
Certain sections of Enactment not applicable to factories