Telecommunications (Interception Capability and Security) Act 2013

Interception capability duties - Formatting

44: Formatting before commencement of this Act

You could also call this:

"What happens to telecoms networks before the law starts"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

You need to know what happens to telecommunications networks and services before this Act starts. If a network or service already followed the rules in the Telecommunications (Interception Capability) Act 2004 by getting call associated data and content in a format that a surveillance agency could use, it does not have to follow certain rules in this Act. It can keep using the format it used before this Act started for certain purposes. You can find more information about call associated data in section 3(1) of this Act, which was in force before section 49(1) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 started. This means that call associated data has the same meaning as it did before the changes were made. The rules about call associated data can be found in the Telecommunications (Interception Capability) Act 2004. The format that networks and services use is important for surveillance agencies. It must be in a format that these agencies can use, as stated in the section 10(1)‎(c) or 24(3)‎(b)‎(iii) of this Act. This helps the agencies to do their job properly.

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Part 2Interception capability duties
Formatting

44Formatting before commencement of this Act

  1. A public telecommunications network or a telecommunications service that immediately before the commencement of this Act complied with section 8(1)(c) of the Telecommunications (Interception Capability) Act 2004 by obtaining the call associated data and the content of telecommunications in a format that was able to be used by a surveillance agency—

  2. is not subject to section 10(5)(a) or 24(7)(a) of this Act; and
    1. may continue to use the format that it used immediately before the commencement of this Act for the purpose of section 10(1)(c) or 24(3)(b)(iii) of this Act.
      1. In this section, call associated data has the meaning given in section 3(1), as in force immediately before the commencement of section 49(1) of the Budapest Convention and Related Matters Legislation Amendment Act 2025.

      Notes
      • Section 44(2): inserted, on , by section 55 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).