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Telecommunications (Interception Capability and Security) Act 2013

Registration, enforcement, and miscellaneous provisions - Certification

84: Designated officer may require certification as to compliance

You could also call this:

"The government can ask your company to prove it's following the law."

Illustration for Telecommunications (Interception Capability and Security) Act 2013

You can get a notice from a designated officer if you are a network operator. The officer can ask your chief executive to confirm that your company is doing what it should under the law, including following Part 2. The chief executive must check and then say if they are satisfied that your company is complying with the law. You might get asked to confirm that your company has enough resources to follow the law. You might also get asked to confirm that your company is maintaining and operating interception capability correctly. If the chief executive is not satisfied, they must give the officer a written notice explaining why. The notice must be given within a reasonable time and in the way specified by the officer. The time given to respond must be fair, considering the situation. If the chief executive is not satisfied, they must explain why and give details about any failures to comply with the law, including if the company plans to apply for an exemption under subpart 4 of Part 2.

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Part 4Registration, enforcement, and miscellaneous provisions
Certification

84Designated officer may require certification as to compliance

  1. A designated officer may, by written notice served on a network operator, require a chief executive of the operator to certify that, after due inquiry, the chief executive is satisfied as to 1 or more of the following:

  2. that adequate resources have been allocated by the operator to secure compliance with its duties under Part 2:
    1. that the operator maintains and operates interception capability in compliance with this Act:
      1. that the operator is otherwise complying with Part 2.

        1. If a chief executive is unable to give the certification because the chief executive is not satisfied as referred to in subsection (1), the chief executive must, instead of giving the certification, give written notice to the designated officer of the reasons for being unable to give the certification (including details of any failure to comply with this Act and whether the operator has applied for, or intends to apply for, an exemption under subpart 4 of Part 2).

        2. The certification (or notice under subsection (2)) must be given within the time and in the manner specified in the notice under subsection (1).

        3. The time specified in the notice under subsection (1) must be reasonable in the circumstances.