Telecommunications (Interception Capability and Security) Act 2013

Registration, enforcement, and miscellaneous provisions - Compliance testing

83: Process for consulting on times

You could also call this:

"How officials talk to network operators about testing times before making a decision"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

You need to know what happens before a notice is served under section 82. A designated officer must serve a written notice to the network operator before serving the notice. This notice tells the operator that the officer may use a power under section 82. You are told what the notice must say. It must say which telecommunications service it is about and why the officer is thinking of using the power. The notice must also give the operator a chance to make written submissions about the time they have to do the testing. The officer must serve this notice at least 10 working days before serving the notice under section 82.

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Part 4Registration, enforcement, and miscellaneous provisions
Compliance testing

83Process for consulting on times

  1. A designated officer must, before serving a notice under section 82,—

  2. serve on the network operator written notice stating—
    1. that the officer may exercise a power under section 82; and
      1. the telecommunications service to which the notice under section 82 may relate; and
        1. the reasons why the officer is considering exercising that power; and
        2. give to the network operator an opportunity to make written submissions relating to the time or times within which the operator must carry out the testing under a notice under section 82.
          1. A designated officer must serve the notice under subsection (1) at least 10 working days before it serves a notice under section 82.