Telecommunications (Interception Capability and Security) Act 2013

Subpart 4—Exemptions

29 Exemption

(1)

A designated officer may, in accordance with section 32,—

(a)

grant, subject to subsection (2), a network operator or class of network operators an exemption from all or any of the requirements of sections 9 and 10:

(b)

grant a network operator or class of network operators an exemption from all or any of the requirements of section 13 and, in relation to the requirement under that section that the network or service be intercept ready, from all or any of the requirements of section 11:

(c)

grant a network operator or a class of network operators an exemption from all or any of the requirements of section 23:

(d)

vary or revoke an exemption referred to in paragraph (a), (b), or (c).

(2)

An exemption under subsection (1)(a) must not affect the requirements in section 10 that relate to the ability to protect the privacy of telecommunications that are not authorised to be intercepted under an interception warrant or any other lawful authority.

(3)

An exemption under subsection (1)—

(a)

may, without limitation, apply to all or part of a specified service or network or class of service or network; and

(b)

may be subject to any terms and conditions specified by the designated officer.

(4)

The designated officer may grant an exemption under subsection (1) with or without application from a network operator.