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Telecommunications (Interception Capability and Security) Act 2013

Network security - Disclosure

49: Exemption from section 46(1) or 48

You could also call this:

"The Director can let a network operator off some rules if it's safe."

Illustration for Telecommunications (Interception Capability and Security) Act 2013

The Director can exempt a network operator from some rules in section 46(1) or 48 if they think it will not cause a network security risk. You can be exempt for a certain time and the Director can set conditions. The Director can change or cancel an exemption by written notice. The Director can send a notice to a network operator directly. If an exemption, variation, or revocation is made, it is secondary legislation, which has its own publication rules, unless it only applies to one or more named network operators, as explained in Part 3 of the Legislation Act 2019. The Director has the power to decide who gets an exemption and for how long. They can also change the terms of an exemption or cancel it altogether. You can find more information about how these exemptions are published in the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5178094.

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"Tell the Director about security changes to keep everyone safe"

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Part 3Network security
Disclosure

49Exemption from section 46(1) or 48

  1. The Director may, by written notice, exempt a network operator or a class of network operators from any of the requirements in section 46(1) or 48 if the Director is satisfied that the matter to which the exemption relates will not give rise to a network security risk.

  2. The exemption may be granted for any period specified by the Director and on any terms and conditions that the Director thinks fit.

  3. The Director may by written notice vary or revoke an exemption granted under this section.

  4. The Director may give a notice under this section relating to a network operator directly to the network operator concerned.

  5. An exemption, variation, or revocation under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named network operators.

Notes
  • Section 49(5): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).