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Telecommunications (Interception Capability and Security) Act 2013

Registration, enforcement, and miscellaneous provisions - Enforcement - Breach notices and enforcement notices

88: Breach notice may be issued for minor non-compliance

You could also call this:

"Get a warning if you slightly break the telecommunications rules"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

You can get a breach notice if you do not follow the rules in the Telecommunications Act. This happens when a surveillance agency thinks you have not done what you are supposed to do, and it is not a big deal. The agency can send you a notice telling you to follow the rules. You have to do what the notice says within the time it specifies. The notice must say what rules you have not followed. You must comply with the notice, or it will be serious. The time you have to comply must be fair, considering the situation.

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89: Breach notice may request consent to enter and inspect in connection with duties under Part 2, or

"What happens if you get a notice for not following the rules, and someone wants to inspect your place?"

Part 4Registration, enforcement, and miscellaneous provisions
Enforcement: Breach notices and enforcement notices

88Breach notice may be issued for minor non-compliance

  1. This section applies if a surveillance agency considers on reasonable grounds that—

  2. a person (A) has not complied with any of the duties under this Act; and
    1. the non-compliance is minor.

      1. The surveillance agency may serve a notice on A under this section (a breach notice) that requires A, within the time and in the manner specified in the notice, to comply with the duties referred to in subsection (1)(a).

      2. The breach notice must identify the duties that have not been complied with.

      3. A must comply with the breach notice within the time and in the manner specified in the notice (and a failure to so comply is serious).

      4. The time specified in the breach notice must be reasonable in the circumstances.