Reprint as at 26 September 2013
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
This Act is administered by the Ministry of Justice.
1 Title
Part 1Preliminary provisions
General
2 Commencement
3 Interpretation
4 Act binds the Crown
Purpose and principles
5 Purpose
6 Principles
Part 2Interception duties
Duty to have interception capability
7 Network operators must ensure public telecommunications networks and telecommunications services have interception capability
8 When duty to have interception capability is complied with
Limits on duty to have interception capability
9 Certain facilities excluded from scope of duty under section 7
10 Design of networks not affected by this Act
Exemptions
11 Minister may grant exemptions
12 Minister must consult responsible Ministers before granting exemption
Duty to assist
13 Duty to assist surveillance agencies
14 Duty to minimise impact of interception on third parties
Part 3Miscellaneous provisions
Transitional provision
15 Network operators have lead-in time to attain interception capability
Allocation of costs relating to interception capability
16 Allocation of costs of interception capability on public switched telephone network or telecommunications service
17 Costs of interception capability on public data network
Costs relating to interceptions
18 Costs incurred in assisting surveillance agencies
Resolution of disputes about costs
19 Dispute about costs must be referred to mediation or arbitration
Protection from liability
20 Protection from liability
Compliance orders
21 Power of High Court to order compliance
22 Application for compliance order
23 Right to be heard
24 Decision on application
Appeals against making of compliance order
25 Appeals to Court of Appeal
26 Effect of appeal
Enforcement
27 Pecuniary penalty for contravention of compliance order
Regulations
28 Regulations
Reprint notes