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Telecommunications (Interception Capability and Security) Act 2013

Interception capability duties - Ministerial directions - Minister may require service providers to have same obligations as network operators

40: Direction notice

You could also call this:

"What to do when you get a Direction Notice from the Minister"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

If the Minister makes a direction under section 38, you get a written notice with reasons. The notice tells you what you must do and by when. You can find more information in subpart 7 about using classified security information. The direction means you have to follow certain rules like a network operator. The Minister can change their mind and cancel the direction at any time after talking to other Ministers. This is stated in section 38(5). You have to follow the rules in this Part, except for sections 13 to 20 and 23, and also Parts 1 and 4. The Minister's decision is important and you need to know what to do.

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"Rules for Service Providers to Follow"

Part 2Interception capability duties
Ministerial directions: Minister may require service providers to have same obligations as network operators

40Direction notice

  1. If the Minister makes a direction under section 38, a written notice of the direction must be provided to the affected service provider together with reasons, except those parts of the reasons that would reveal classified security information.

  2. The direction—

  3. must state which of the duties referred to in section 38(1)(a) that the affected service provider must comply with; and
    1. must specify a time, which must be reasonable in the circumstances, by which the duty or duties must be complied with; and
      1. may be subject to any terms and conditions specified by the Minister.

        1. See subpart 7, which applies when the Minister uses classified security information in making a decision to make a direction under section 38.

        2. The effect of the direction is that this Part (except for sections 13 to 20, and 23) and Parts 1 and 4 apply to the affected service provider as if the service provider were a network operator under this Act.

        3. The Minister may, after consulting the Ministers referred to in section 38(5), revoke the direction at any time.

        Notes
        • Section 40(1): amended, on , by section 53(1) of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).
        • Section 40(2A): inserted, on , by section 53(2) of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).