Telecommunications (Interception Capability and Security) Act 2013

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Version as at 28 October 2021

Telecommunications (Interception Capability and Security) Act 2013

Public Act		2013 No 91
Date of assent		11 November 2013
Commencement		see section 2

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Business, Innovation, and Employment.

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 1—Duty 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 2—Reduced 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 3—Related 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 4—Exemptions
29	Exemption
30	Application for exemption
31	Effect of application for exemption or variation
32	Decision-making process
	Application to Minister
33	Application to Minister
34	Minister may grant, vary, or revoke exemption
35	Effect of application for exemption or variation
36	Decision-making process
37	Regulations relating to class exemptions
	Subpart 5—Ministerial directions
	Minister may require service providers to have same obligations as network operators
38	Minister may require service providers to have same obligations as network operators
39	Review
40	Direction notice
41	Regulations relating to service providers
	Subpart 6—Formatting
42	Notice relating to formatting
43	Effect of changes to material incorporated by reference
44	Formatting before commencement of this Act
	Part 3 Network security
45	Application of this Part
46	Network operators’ duty to engage in good faith
	Disclosure
47	Areas of specified security interest
48	Network operator must notify Director
49	Exemption from section 46(1) or 48
	Process for preventing or mitigating network security risks
50	Consideration of network security risk by Director or Minister
51	Process for addressing network security risks
52	Assessment of response by network operator
53	Network operator must implement response
54	Director may refer matter to Minister
55	Failure to comply
56	Review by Commissioner of Intelligence Warrants
57	Minister may make direction
58	Guidelines
59	Director must comply with regulations made under section 126 relating to time frames
	Part 4 Registration, enforcement, and miscellaneous provisions
	Subpart 1—Registration
	Network operators must register
60	Network operators must register
61	Application for registration
62	Registration information
	Register
63	Register of network operators
64	Purpose of register
65	Contents of register
66	Operation of and access to register
67	Registrar must keep register secure
	Changes to register
68	Network operators must notify Registrar of key changes
69	Annual update
70	Registrar may deregister person
71	Registrar may amend register
	Subpart 2—Registrar and other designated officers
72	Appointment of designated officers
73	Appointment of Registrar
74	Power of designated officer to delegate
	Subpart 3—Secret-level government-sponsored security clearance
75	Network operator must nominate employee to apply for clearance
76	Nominated person must apply
	Subpart 4—General information-gathering powers
77	Designated officer may require information in order to assist surveillance agency
78	Director of Government Communications Security Bureau may require information
79	Time for compliance
80	Network operator must comply despite any other enactment or any breach of confidence, etc
81	Miscellaneous provisions
	Subpart 5—Compliance testing
82	Designated officer may require compliance testing
83	Process for consulting on times
	Subpart 6—Certification
84	Designated officer may require certification as to compliance
85	Due inquiry
86	Designated officer may give certificate to surveillance agency
	Subpart 7—Enforcement
87	Interpretation
	Breach notices and enforcement notices
88	Breach notice may be issued for minor non-compliance
89	Breach notice may request consent to enter and inspect in connection with duties under Part 2
90	Enforcement notice may be issued for serious non-compliance
91	Application for compliance order or pecuniary penalty order
	Compliance orders
92	Power of High Court to order compliance
93	Right to be heard
94	Decision on application
95	Appeals to Court of Appeal
96	Effect of appeal
	Pecuniary penalty orders
97	Pecuniary penalty for contravention of duties or compliance order
98	Amount of pecuniary penalty
99	Considerations for court in determining pecuniary penalty
	Civil proceedings
100	Rules of civil procedure and civil standard of proof apply
	Subpart 8—Protecting classified information
101	Application of subpart
102	Classified security information and other terms defined
103	Obligation to provide court with access to classified security information
104	Court orders
105	Appointment of special advocate
106	Nomination of person for appointment
107	Role of special advocates
108	Court may provide access to classified security information to special advocate
109	Communication between special advocate and other persons
110	Protection of special advocates from liability
111	Other matters relating to procedure in proceedings involving classified security information
112	Nothing in this subpart limits other rules of law that authorise or require withholding of document, etc
113	Ancillary general practices and procedures to protect classified security information
	Subpart 9—Miscellaneous provisions
	Costs
114	Costs of interception capability on public telecommunications network or telecommunications service
115	Costs incurred in assisting surveillance agencies
116	Surveillance agency not required to pay costs
117	Dispute about costs must be referred to mediation or arbitration
	Protection from liability
118	Protection from liability
	Other miscellaneous provisions
119	Notices
120	Service of notices
121	Powers not limited
122	Repeal
123	Consequential amendments
124	Savings provision for exemptions
125	Transitional provision relating to network operators
126	Regulations relating to time frames that apply to Director under Part 3
127	Regulations
	Schedule Consequential amendments
	Notes

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Telecommunications (Interception Capability and Security) Act 2013

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