Directions to discontinue telecommunication services
Open ↗32.—(1) The Minister may, at any time upon or after making an activation order and when the activation order is in effect, give a direction in writing under this section, individually or as a class, to any telecommunication licensee within the meaning of the Telecommunications Act 1999 (called in this Part a telecommunication licensee).
(2) A direction under this section may require the telecommunication licensee to whom the direction is given to take a specific action, or stop taking a specific action, during the period an activation order relating to a serious incident or threatened serious incident is in effect —(a)
to prevent or avoid prejudicing the effective conduct of an ongoing law enforcement activity relating to the serious incident or threatened serious incident; or
(b)
to avoid or prevent endangering the safety of the public, or any law enforcement officer or serviceman during an ongoing law enforcement activity relating to the serious incident or threatened serious incident, by the provision of a telecommunication service about the serious incident or threatened serious incident.
(3) Without limiting subsection (2), a direction under this section to a telecommunication licensee may include —(a)
stopping messages carried by a telecommunication service provided by the telecommunication licensee;
(b)
prohibiting or restricting the provision, by the telecommunication licensee, of all or any telecommunication services and in such circumstances as specified in the direction; or
(c)
prohibiting or restricting the use of telecommunications by the telecommunication licensee in all cases or of such cases as may be considered necessary.
(4) However, nothing in this section authorises the giving of any direction prohibiting the use of any telecommunications for the purpose of making or answering signals of distress.
(5) In making a direction under this section, it is not necessary for the Minister to give any person who may be affected by the direction a chance to be heard before the direction is given.
General provisions about section 32 direction
Open ↗33.—(1) A direction under section 32 is binding on the telecommunication licensee it is given to.
(2) A direction under section 32 which is made upon or after the making of an activation order takes effect when it is given, and continues in force until the earliest of the following occurs:(a)
the expiry date (if any) stated in the direction is reached;
(b)
the Minister revokes the direction;
(c)
the activation order ceases to have effect.
(3) A direction under section 32 which is made upon or after the making of an activation order may —(a)
be amended or revoked at any time; and
(b)
be extended or renewed, if the Minister is satisfied that the circumstances warrant it, but not beyond the time the activation order ceases to have effect.
(4) If satisfied that a direction under section 32 has been complied with, the Minister must revoke the direction and give written notice of the revocation in the same manner in which the direction was given or served.
(5) Subsection (4) does not prevent a further direction being made under section 32 in the same terms as a direction that has expired.
(6) A direction under section 32 is sufficiently served as follows:(a)
for a direction that is addressed to a telecommunication licensee — if it is given in the manner prescribed in section 52;
(b)
for a direction that is addressed to a class of telecommunication licensees — if it is served on each of the licensees in the class in accordance with paragraph (a).
(7) A direction under section 32 that is served —(a)
in accordance with subsection (6)(a) takes effect when it is served; or
(b)
in accordance with subsection (6)(b) takes effect when it is served on all the persons in the class in question.
Obligations of addressee, etc., of section 32 direction
Open ↗34.—(1) A telecommunication licensee to whom the direction under section 32 is given must give effect to the direction despite any other duty imposed on the licensee by or under any other written law.
(2) Any telecommunication licensee who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.
(3) A telecommunication licensee to whom the direction under section 32 is given, and an employee or a contractor of such a telecommunication licensee, must not, without reasonable excuse, disclose the receipt by the telecommunication licensee of the direction or the contents of any such direction if the Minister notifies the telecommunication licensee that the Minister is of the opinion that the disclosure of the direction is against the public interest.
(4) Any telecommunication licensee, or any employee or contractor of a telecommunication licensee, who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
(5) Where a telecommunication licensee is given a direction under section 32, a person must not —(a)
without reasonable excuse, refuse the telecommunication licensee, or an employee or a contractor of such a telecommunication licensee, entry to any premises in the execution of the duty imposed on subsection (1) on that licensee; or
(b)
intentionally in any way obstruct or hinder the telecommunication licensee, or an employee or a contractor of such a telecommunication licensee, in the execution of the duty imposed on subsection (1) on that licensee.
(6) A person who contravenes subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.
