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Communications Amendment Act 2000

NIUE

COMMUNICATIONS AMENDMENT ACT 2000

No. 251

Arrangement of provisions

1 Short title
2 Interpretation
3 The Principal Act Amended
Part IIA
Electronic Addressing

30A. Interpretation

30B. Objectives & Obligations

30C. Niue Information Technology Committee

30D. Appointed Manager/s of electronic addressing

30E. Cabinet may give directions to the Appointed Manager of electronic addressing

30F. Delegation of powers

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AN ACT

to make provision in respect of the ownership and the management of the country code Top Level Domain .nu

Be it enacted by the Niue Assembly in Session assembled and by the authority of the same as follow

1 Short title

This Act may be cited as the Communications Amendment Act 2000.

2 Interpretation

In this Act unless a contrary intention appears:-

"the Principal Act" means the Communications Act 1989.

3 The Principal Act Amended

The Principal Act is hereby amended by adding Part IIA to the Act.

Part IIA

Electronic Addressing

30A. Interpretation

In this part "NITC" means the Niue Information Technology Committee.

"ccTLD" means country code Top Level Domain.

".nu" means the ccTLD two letter code designated and applying to Niue.

"Electronic addressing" means the use of any scheme for organizing, distributing or assigning any type of symbolic reference, name, address, code which is pertinent to the transfer of information within and between information systems. Including but not exclusive to internet addressing schemes including those referred to by the ISO 3166.

"ISO 3166" means Standard 3166 of the International Organisation for Standardisation.

30B. Objectives & Obligations

(1) In the administration of this Part Cabinet shall have regard to the objectives of –

a) Facilitating the development of Information Technology and Electronic Addressing both within Niue, between Niue and elsewhere.

b) The recognition that the ccTLD .nu is a National resource for which the prime authority is the Government of Niue.

c) Ensuring that effective means exist to control and supervise the information transmitted or made available by any appointed Manager of the Niue ccTLD .nu.

d) Ensure that the ccTLD .nu is managed consistent with the interests and matters of public importance of the Niuean community and consistent with the public policy objectives of the Government.

(2) In the administration of this part the Cabinet shall, so far as practicable, act in accordance with any applicable standards, rules and regulations set by international agreements binding upon Niue.

30C. Niue Information Technology Committee

1) There is established by this Act the NITC consisting of not less than 3 members nor more than 6 members appointed by the Cabinet.

2) The NITC shall be the only designated Registry Manager of the Niue ccTLD .nu.

3) The NITC shall -

a) Advise Cabinet on all matters related to and associated with Information Technology and the management of the ccTLD .nu.

b) Be responsible for establishing and monitoring any and all contractual relationships entered into relating to the management of the ccTLD .nu.

c) when and where appropriate appoint Technical and Administrative advisors.

30D. Appointed Manager/s of electronic addressing

1) Cabinet on the advice of the NITC determine for the purposes of this Part, a specified person or association as an appointed manager of electronic addressing in relation to a specified kind of listed carriage services utilizing the ccTLD.nu.

2) The appointment has effect accordingly.

3) Cabinet must not make a re appointment under subsection (1) in relation to a particular person or association unless:

(a) The NITC recommends Cabinet to do so.

(b) the NITC is of the opinion that the person or association is managing electronic addressing in accordance with the interests, principles and standards of the Niuean community and the public policy of the Government.

4) The Cabinet may give written directions to the NITC in relation to its advisory role.

30E. Cabinet may give directions to the Appointed Manager of electronic addressing

1) The Cabinet may, by written notice given to an Appointed Manager of electronic addressing in relation to a particular kind of carriage service, directing manager to do, or refrain from doing, a specified act or thing relating to electronic addressing in connection with that kind of carriage service utilizing the ccTLD .nu.

2) The Cabinet may not give a direction under this section unless, in the opinion of the Cabinet, the issues pertaining to the electronic addressing is of public importance to the Niuean community.

3) In determining whether the electronic addressing is of public importance the Cabinet must have regard to the extent to which the addressing is of significant social and/or economic importance to:

(a) service providers; and

(b) end - users of carriage services

4) Subsection (3) does not, by implication, limit the matters to which Cabinet may have regard.

(5) Before giving a direction under this section, the Cabinet must consult the NITC.

(6) A person must comply with a direction under this section.

(7) A person or association who intentionally or recklessly contravenes subsection (6) is guilty of an offence punishable on conviction by a fine not exceeding US$500,000.00.

30F. Delegation of powers.

Cabinet may delegate all or part of the powers vested on it by virtue of this Act to the NITC.

The Niue Assembly passed this Act on the 29th day of February 2000.

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