Telecommunications (Interception Capability and Security) Bill

  • enacted

Hon Amy Adams

Telecommunications (Interception Capability and Security) Bill

Government Bill

108—3

As reported from the committee of the whole House

Contents

Key

1 Title

2 Commencement

Part 1
Preliminary provisions

General

3 Interpretation

4 Act binds the Crown

Purposes and principles

5 Purpose of this Act relating to interception capability

6 Principles relating to interception capability

7 Purpose of this Act relating to network security

8 Principles relating to network security

Part 2
Interception capability duties

Subpart 1Duty to have full interception capability

9 Network operators must ensure public telecommunications networks and telecommunications services have full interception capability

10 When duty to have full interception capability is complied with

Subpart 2Reduced duties

Preliminary

11 Interception ready

12 Interception accessible

Lower-level compliance duties

13 Network operators with fewer than 4 000 customers

14 Infrastructure-level services

15 Wholesale network services

Ministerial directions and regulations relating to lower-level compliance duties

16 Overview of sections 17 to 19

17 Application for direction

18 Process following application for direction

19 Direction

20 Regulations

Subpart 3Related duties

21 Certain facilities not required to be intercept capable

22 Design of networks not affected by this Part

23 Duties relating to infrastructure-level services

24 Duty to assist

25 Wholesaler may charge

26 Duty to minimise impact of interception on third parties

27 Network operators may share resources

28 Obligations relating to arrangements for interception services

Subpart 4Exemptions

29 Exemption

30 Application for exemption

31 Effect of application for exemption or variation

32 Decision-making process

Application to Minister

32A Application to Minister

33 Minister may grant, vary, or revoke exemption

33A Effect of application for exemption or variation

33B Decision-making process

34 Regulations relating to class exemptions

Subpart 5Ministerial directions

Minister may require service providers to have same obligations as network operators

35 Minister may require service providers to have same obligations as network operators

36 Review

37 Direction notice

38 Regulations relating to service providers

Ministerial direction relating to resold overseas telecommunications services

39 Ministerial direction relating to resold overseas telecommunications services

Subpart 6Formatting

40 Notice relating to formatting

41 Effect of changes to material incorporated by reference

42 Formatting before commencement of this Act

Part 3
Network security

43 Application of this Part

45 Network operators' duty to engage in good faith

Disclosure

46 Areas of specified security interest

47 Network operator must notify Director

48 Exemption from section 45(1) or 47

Process for preventing or mitigating network security risks

48A Consideration of network security risk by Director or Minister

49 Process for addressing network security risks

50 Assessment of response by network operator

51 Network operator must implement response

52 Director may refer matter to Minister

Ministerial direction

53 Failure to comply

53A Review by Commissioner of Security Warrants

54 Minister may make direction

54 Minister may make direction

54A Guidelines

54B Director must comply with regulations made under section 109A relating to time frames

Part 4
Registration, enforcement, and miscellaneous provisions

Subpart 1Registration

Network operators must register

55 Network operators must register

56 Application for registration

57 Registration information

Register

58 Register of network operators

59 Purpose of register

60 Contents of register

61 Operation of and access to register

62 Registrar must keep register secure

Changes to register

63 Network operators must notify Registrar of key changes

64 Annual update

65 Registrar may deregister person

66 Registrar may amend register

Subpart 2Registrar and other designated officers

67 Appointment of designated officers

68 Appointment of Registrar

69 Power of designated officer to delegate

Subpart 3Secret-level government-sponsored security clearance

70 Network operator must nominate employee to apply for clearance

71 Nominated person must apply

Subpart 4General information-gathering powers

72 Designated officer may require information in order to assist surveillance agency

73 Director of Government Communications Security Bureau may require information

74 Time for compliance

75 Network operator must comply despite any other enactment or any breach of confidence, etc

76 Miscellaneous provisions

Subpart 5Compliance testing

77 Designated officer may require compliance testing

78 Process for consulting on times

Subpart 6Certification

79 Designated officer may require certification as to compliance

80 Due inquiry

81 Designated officer may give certificate to surveillance agency

Subpart 7Enforcement

82 Interpretation

Breach notices and enforcement notices

83 Breach notice may be issued for minor non-compliance

84 Breach notice may request consent to enter and inspect in connection with duties under Part 2

85 Enforcement notice may be issued for serious non-compliance

86 Application for compliance order or pecuniary penalty order

Compliance orders

87 Power of High Court to order compliance

88 Right to be heard

89 Decision on application

90 Appeals to Court of Appeal

91 Effect of appeal

Pecuniary penalty orders

92 Pecuniary penalty for contravention of duties or compliance order

93 Amount of pecuniary penalty

94 Considerations for court in determining pecuniary penalty

Civil proceedings

95 Rules of civil procedure and civil standard of proof apply

Subpart 8Protecting classified information

95A Application of subpart

96 Classified security information and other terms defined

96A Obligation to provide court with access to classified security information

96B Court orders

96C Appointment of special advocate

96D Nomination of person for appointment

96E Role of special advocates

96F Court may provide access to classified security information to special advocate

96G Communication between special advocate and other persons

96H Protection of special advocates from liability

97 Other matters relating to procedure in proceedings involving classified security information

97A Nothing in this subpart limits other rules of law that authorise or require withholding of document, etc

98 Ancillary general practices and procedures to protect classified security information

Subpart 9Miscellaneous provisions

Costs

99 Costs of interception capability on public telecommunications network or telecommunications service

100 Costs incurred in assisting surveillance agencies

101 Surveillance agency not required to pay costs

102 Dispute about costs must be referred to mediation or arbitration

Protection from liability

103 Protection from liability

Other miscellaneous provisions

104 Notices

105 Service of notices

106 Powers not limited

107 Repeal

108 Consequential amendments

108A Savings provision for exemptions

109 Transitional provision relating to network operators

109A Regulations relating to time frames that apply to Director under Part 3

110 Regulations

Schedule
Consequential amendments

Legislative history


The Parliament of New Zealand enacts as follows: