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Telecommunications (Interception Capability and Security) Act 2013

Registration, enforcement, and miscellaneous provisions - Enforcement - Compliance orders

92: Power of High Court to order compliance

You could also call this:

"The High Court can order you to follow the rules or fix problems if you break them."

Illustration for Telecommunications (Interception Capability and Security) Act 2013

If you do not follow the rules in the Telecommunications Act, and it is serious, the High Court can make you do something. You might have to do a specific thing or stop doing a specific activity. The High Court does this to fix any problems caused by not following the rules. The High Court wants to stop any more problems from happening. It also wants to prevent you from not following the rules again. The court can make you do something to achieve this. The High Court can decide how you must follow the order. You might have to provide security or promise to do something. This is decided by the High Court and can include different conditions.

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91: Application for compliance order or pecuniary penalty order, or

"Surveillance agencies can ask the High Court for orders to make someone follow the law."

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Part 4Registration, enforcement, and miscellaneous provisions
Enforcement: Compliance orders

92Power of High Court to order compliance

  1. If a person has not complied with any of the duties under this Act and the non-compliance is serious, the High Court may, for either or both of the purposes specified in subsection (2), make a compliance order requiring that person—

  2. to do any specified thing; or
    1. to cease any specified activity.

      1. The purposes are—

      2. to remedy, mitigate, or avoid any adverse effects arising or likely to arise from any non-compliance with the duties referred to in subsection (1):
        1. to prevent any further non-compliance with those duties.

          1. A compliance order may be made on the terms and conditions that the High Court thinks fit, including the provision of security or the entry into a bond for performance.