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Telecommunications (Interception Capability and Security) Act 2013

Registration, enforcement, and miscellaneous provisions - Compliance testing

82: Designated officer may require compliance testing

You could also call this:

"A special officer can ask you to check your equipment and rules are working correctly."

Illustration for Telecommunications (Interception Capability and Security) Act 2013

You might get a written notice from a designated officer. This notice can ask you to test your equipment and procedures. You have to do this to ensure you comply with the rules under Part 2. You need to check if your equipment and procedures are working correctly. You also need to find any problems with them. The notice can say when you need to finish the testing. The times given in the notice must be reasonable. You must follow the instructions in the notice. You have to do the testing within the given time and in the way specified.

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Part 4Registration, enforcement, and miscellaneous provisions
Compliance testing

82Designated officer may require compliance testing

  1. If a designated officer considers it necessary or desirable for the purposes of assisting a surveillance agency to perform or exercise any of its functions, powers, or duties under Part 2, the officer may, by written notice served on a network operator, require the operator to test its equipment and procedures to—

  2. ensure that the equipment and procedures comply with the duties that apply to the operator by or under Part 2; and
    1. identify any deficiencies in the equipment and procedures in terms of that compliance.

      1. The notice may specify various times for completing the testing in stages and a final date for completing the testing.

      2. Each of those times must be reasonable in the circumstances and must be set after having regard to any submissions made under section 83(1)(b).

      3. The network operator must comply with the notice within the time or times and in the manner specified in the notice.