Telecommunications (Interception Capability and Security) Act 2013

Registration, enforcement, and miscellaneous provisions - Secret-level government-sponsored security clearance

75: Network operator must nominate employee to apply for clearance

You could also call this:

"Choose an employee to get a security clearance"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

You are a network operator. You must choose an employee to apply for a security clearance. You have 10 working days to do this after you are asked to. You must tell the employee you have chosen them and give the Registrar their name and contact details. You might be asked to do this by a designated officer. They can ask you in writing. You do not have to do this if section 13 applies. If an employee's application for a clearance is declined, you must choose another employee. You must also choose another employee if the application is not made on time. If an employee's clearance expires or is revoked, you must choose them again or choose another employee.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5178130.


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"A person in charge can give some of their tasks to others, but still keep control."


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76: Nominated person must apply, or

"Apply for clearance if you're nominated"

Part 4Registration, enforcement, and miscellaneous provisions
Secret-level government-sponsored security clearance

75Network operator must nominate employee to apply for clearance

  1. A network operator must, within 10 working days after being required to do so under subsection (2), (3), or (4),—

  2. nominate a suitable employee to apply for a secret-level government-sponsored security clearance (a clearance); and
    1. notify the employee of the nomination; and
      1. give written notice of the name and contact details of that employee to the Registrar.
        1. A designated officer may, by written notice served on a network operator, require the operator to comply with subsection (1) unless section 13 applies.

        2. If a network operator is notified that an application under section 76 has been declined or that an application has not been made within the time referred to in section 76(2), the network operator must comply again with subsection (1) (to nominate another employee).

        3. If a network operator is notified that its employee's clearance has expired or been revoked for any reason, the network operator must comply again with subsection (1) (to re-nominate the same employee (unless his or her clearance was revoked) or to nominate another employee).