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Telecommunications (Interception Capability and Security) Act 2013

Interception capability duties - Exemptions

31: Effect of application for exemption or variation

You could also call this:

"What happens when you ask to be exempt or change a rule"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

When you apply for an exemption or variation under section 29(1), something happens from the date your application is received to the date the decision is made. If you apply for an exemption, you are treated as being exempt from the obligation you are seeking exemption from. If you apply to vary an exemption, the exemption is treated as being in force with the changes you requested. If you keep asking for the same exemption or variation after being refused, the rules may not apply to you. This happens if the designated officer thinks you are doing this on purpose and they tell you so. The designated officer makes this decision based on reasonable grounds.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5178063.

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Part 2Interception capability duties
Exemptions

31Effect of application for exemption or variation

  1. The effect of an application under section 29(1) is that, from the date that receipt of the application is notified, to the date that the decision on the application is notified,—

  2. in the case of an application for exemption, the applicant is treated as being exempt from the obligation for which the exemption is sought; or
    1. in the case of an application to vary an exemption, the exemption is treated as being in force as varied.

      1. Subsection (1) does not apply to an applicant if—

      2. the designated officer considers, on reasonable grounds, that the applicant is persistently or repeatedly seeking the same or a similar exemption or variation in relation to the same matter, or seeking the same outcome, despite the application being refused; and
        1. the designated officer has notified the applicant accordingly.