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Telecommunications (Interception Capability and Security) Act 2013

Network security - Process for preventing or mitigating network security risks

55: Failure to comply

You could also call this:

"What happens if you don't follow network security rules"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

You need to follow the rules about network security. If you do not, and you are a network operator, this section applies. You might have entered into an agreement, made a decision, or started doing something that creates a big risk to network security, even though you were advised not to under section 51 or you failed to comply with a requirement and created a big risk to network security. If this section applies, the Director can refer the matter to the Minister after following section 56. The Minister can then make a direction under section 57. If the Director refers the matter, they must tell you that you can make submissions directly to the Minister. You will be given a reasonable amount of time to make those submissions. The Director must specify the time by which you must make your submissions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5178101.

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54: Director may refer matter to Minister, or

"The Director can ask the Minister for help with a network security risk."

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"A Commissioner checks if a big risk to network security is real and writes a report."

Part 3Network security
Process for preventing or mitigating network security risks

55Failure to comply

  1. This section applies if,—

  2. despite being advised under section 51, a network operator has entered into a binding legal arrangement, implemented a decision, or commenced a course of action or change that gives rise to a significant network security risk; or
    1. a network operator fails to comply with a requirement of this Part or a requirement to supply information or a class of information under section 78 and has entered into a binding legal arrangement, implemented a decision, or commenced a course of action or change that gives rise to a significant network security risk.

      1. If this section applies, the Director—

      2. may, after complying with section 56, refer the matter to the Minister responsible for the Government Communications Security Bureau to make a direction under section 57; and
        1. must, if a referral is made, inform the network operator that it may make submissions on the matter directly to the Minister, and specify a time, which must be reasonable in the circumstances, by which those submissions must be made.