Intelligence And Security Act 2017 - Legislation.govt.nz

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Versionas at 1 July 2022Intelligence and Security Act 2017Public ActDate of assentCommencement2017 No 1028 March 2017see section 2ContentsPage12TitleCommencement1616Part 1Preliminary provisions3456PurposeInterpretationTransitional, savings, and related provisionsAct binds the Crown16172121Part 2Intelligence and security agencies78New Zealand Security Intelligence ServiceGovernment Communications Security Bureau2121Objectives9Objectives of intelligence and security agencies21Functions10Intelligence collection and analysis22NoteThe Parliamentary Counsel Office has made editorial and format changes to this version using the powersunder subpart 2 of Part 3 of the Legislation Act 2019.Note 4 at the end of this version provides a list of the amendments included in it.This Act is administered by the Department of the Prime Minister and Cabinet.1

Intelligence and Security Act 2017111213141516Protective security services, advice, and assistanceInformation assurance and cybersecurity activitiesCo-operation with other public authorities to facilitate theirfunctionsCo-operation with other entities to respond to imminent threatAdditional functionsFunctions of intelligence and security agencies do not includeenforcementVersion as at1 July 2022222324252626Duties17181920General duties applying when intelligence and security agencyperforming functionsSpecific duties of Director-General of an intelligence and securityagencyActivities of intelligence and security agency not to limit freedomof expressionDirector-General of an intelligence and security agency to consultLeader of the Opposition27272728Part 3Covert activities of intelligence and security agenciesSubpart 1—Assumed identities212223242526272829303132Purpose of subpartInterpretationAssumed identity may be acquired, used, and maintainedUse of assumed identityRequest for assistance to acquire, use, and maintain assumedidentityAssistance to acquire, use, and maintain assumed identityCancellation of evidence of assumed identityProvisions do not require destruction of certain informationNon-compliance with enactments, policies, and practicesRestrictions on access to information about process for obtainingassistance, etcImmunity of persons assisting and of employee of agency inmaking false documentsImmunity of authorised persons282830303131323232333434Subpart 2—Corporate identities3334353637382Purpose of subpartInterpretationRequest for corporate identity, status, etcConferring corporate identity, status, etcMaintaining corporate identity, status, or capacityDissolution or deregistration, etc, of entity353536373838

Version as at1 July 2022394041424344Intelligence and Security Act 2017Provisions do not require destruction of certain informationNon-compliance with enactments, policies, and practicesRestrictions on access to information about process for obtainingassistance, etcEntity or officer exempt from complying with legal requirements,etcImmunity of persons complying with request or directionImmunity of entity393939404141Subpart 3—Register of assumed identities and legal entitiescreated or maintained45Register of assumed identities and legal entities created ormaintained42Part 4Authorisations464748495051Purpose of PartInterpretationAuthorisation not required to carry out lawful activityAuthorisation required to carry out otherwise unlawful activityDuty to act only as authorisedRequest for assistance to give effect to authorisations444447474747Subpart 1—Intelligence warrantsTypes of intelligence warrants525354Types of intelligence warrantType 1 intelligence warrantType 2 intelligence warrant484848Application and issue of intelligence warrants555657585960616263646566Application for issue of intelligence warrantJoint application for intelligence warrantIssue of Type 1 intelligence warrantIssue of Type 1 intelligence warrant to contribute to protection ofnational securityIssue of Type 1 intelligence warrant to contribute to New Zealand’sinternational relations or economic well-beingIssue of Type 2 intelligence warrantAdditional criteria for issue of intelligence warrantIssue of joint intelligence warrantMinister of Foreign Affairs to be consulted in relation to issue ofintelligence warrants in certain casesIntelligence warrants may be issued subject to restrictions orconditionsTerm of intelligence warrantMatters required to be stated in intelligence warrant4849494950515152525353533

Intelligence and Security Act 2017Version as at1 July 2022Authorised activities and powers67686970Authorised activitiesPowers of New Zealand Security Intelligence Service acting underintelligence warrantPowers of Government Communications Security Bureau underintelligence warrantPrivileged communications or privileged information53545656Urgent intelligence warrants71727374757677Urgent issue of Type 1 intelligence warrantUrgent issue of Type 2 intelligence warrantReasons for urgent issue of intelligence warrant to be recordedIntelligence warrant issued under section 71 revoked unlessconfirmedIntelligence warrant issued under section 72 revoked unlessconfirmedInformation to be destroyed if intelligence warrant issued undersection 71 or 72 revokedIntelligence warrants issued under section 71 or 72 to be referredto Inspector-General57575858585859Authorisations by Director-General of intelligence and securityagency7879808182Very urgent authorisations by Director-General of intelligence andsecurity agencyAuthorisation given under section 78(2)(a) effective as Type 1intelligence warrantAuthorisation given under section 78(2)(b) effective as Type 2intelligence warrantInformation to be destroyed if authorisation given under section 78revokedAuthorisations given under section 78 to be referred to InspectorGeneral5959606060Register of intelligence warrants83Register of intelligence warrants60Amendment and revocation of intelligence warrants84Amendment and revocation of intelligence warrants61Subpart 2—Removal warrants8586874Issue of removal warrant to retrieve previously installed devicesMinister of Foreign Affairs to be consulted in relation to issue ofremoval warrants in certain casesPowers of New Zealand Security Intelligence Service acting underremoval warrant616262

Version as at1 July 2022Intelligence and Security Act 2017Subpart 3—Practice warrants888990919293949596979899100101Types of practice warrantTesting warrantTraining warrantApplication for issue of practice warrantCriteria for issue of practice warrantIssue of practice warrantMinister of Foreign Affairs to be consulted in relation to issue ofpractice warrants in certain casesPractice warrants may be issued subject to restrictions orconditionsTerm of practice warrantMatters to be stated in practice warrantAuthorised activitiesPowers of New Zealand Security Intelligence Service acting underpractice warrantPowers of Government Communications Security Bureau actingunder practice warrantReport on practice warrant activities6363636363646464646565656565Subpart 4—Unauthorised, irrelevant, and incidentally obtainedinformation102103104Destruction of unauthorised informationDestruction of irrelevant informationRetention of incidentally obtained information666666Return of physical items seized105Physical items seized to be returned after search or analysis67Subpart 5—Offences and immunities106107108109110111Offence to provide false or misleading informationFailure to destroy informationUnlawful use or disclosure of informationUnlawful disclosure of acquired informationImmunities from criminal liability in relation to obtainingintelligence warrantImmunities from criminal liability in relation to carrying outauthorised activity676868686969Subpart 6—Commissioners of Intelligence Warrants112113114115Appointment of CommissionersEligibility for appointmentFunctions of CommissionersAdditional functions of Chief Commissioner of IntelligenceWarrants697070705

Intelligence and Security Act 2017116117Delegation of functions of Chief Commissioner of IntelligenceWarrantsAdministrative provisions relating to CommissionersVersion as at1 July 20227171Part 5Accessing information held by other agencies118119InterpretationRelationship between this Part and other law relating toinformation disclosure7172Subpart 1—Request and disclosure of information120121122Purpose of subpartRequests for informationDisclosure of information to intelligence and security agency737373Register of section 122 certificates123Register of section 122 certificates74Subpart 2—Direct access to database information124125126127128129130131132133Purpose of subpartDirect access to certain informationMatters to which Ministers must have regard before entering intodirect access agreementConsultation with Privacy Commissioner before entering intodirect access agreementConsultation with Inspector-General before entering into directaccess agreementContent of direct access agreementsVariation of direct access agreementPublication of direct access agreementsReview of agreementsRelationship between subpart and other law74747575757576767677Subpart 3—Access to restricted information1341351361371381391401411426Purpose of subpartMeaning of restricted informationApplication for permission to access restricted informationPermission to access restricted information granted on applicationmade under section 136(2)(a)Permission to access restricted information granted on applicationmade under section 136(2)(b)Further criteria for permitting access to restricted informationPermission must specify restricted information that may beaccessedAccess to restricted information must be provided if permittedUse, retention, and disclosure of restricted information777777787879797979

Version as at1 July 2022Intelligence and Security Act 2017Subpart 4—Obtaining business records of telecommunicationsnetwork operators and financial service providers143144Purpose of subpartInterpretation7979Approval to obtain business records145146147148149Application for approval to obtain business recordsJoint application for approvalApproval to obtain business recordsDuration of approvalAmendment and revocation of approvals8282828383Issue of business records direction150151152Director-General of intelligence and security agency may issuebusiness records directionCompliance with business records directionBusiness records to be destroyed if not required by intelligence andsecurity agency848485Register of business records directions153154Register of business records directionsSubpart does not create any new obligation to create or maintainrecords8585Relationship with other law155Relationship between subpart and other law86Part 6Oversight of intelligence and security agencies156Purpose of Part86Subpart 1—Inspector-General of Intelligence and SecurityAppointment, functions, duties, and powers of Inspector-General157158159160161162163Appointment of Inspector-GeneralFunctions of Inspector-GeneralInspector-General to prepare and publish annual work programmeDisclosures to Inspector-General or Deputy Inspector-GeneralConsultation by Inspector-GeneralJurisdiction of courts and other agencies not affectedReviews relating to authorisations and authorised activities86878889899090Appointment, functions, duties, and powers of Deputy InspectorGeneral164165Appointment of Deputy Inspector-GeneralFunctions, duties, and powers of Deputy Inspector-General91927

Intelligence and Security Act 2017Version as at1 July 2022Administrative provisions166Administrative provisions relating to offices of Inspector-Generaland Deputy Inspector-General92Advisory panel167168169170Advisory panelFunctions of advisory panelMembership of advisory panelAdministrative provisions relating to advisory panel92929393Complaints171172173174Complaints that may be made to Inspector-GeneralForm of complaintProcedure on receipt of complaintInspector-General may decide not to inquire or continue to inquireinto complaint93949494Procedure for inquiries175176177178179180181182183184Commencing of inquiryEvidenceEvidence of breach of duty or misconduct by employee ofintelligence and security agencyPower to summon personsPower to require information and documentsDisclosure of information may be required despite obligation ofsecrecyProtection and privileges of witnessesInformation disclosed to Inspector-General privilegedInspector-General, etc, not compellable witnessesPower of entry95959696969797979798Procedure on completion of inquiry185186187188189190191Inspector-General to prepare report on completion of inquiryAdvice on compliance with Inspector-General’s recommendationsMinister to respond to Inspector-General’s reportPublication of Inspector-General’s reportReturn of documents, etc, after inquiryProceedings not to be questioned or reviewedOffence to publish information relating to inquiry989999100100101101Subpart 2—Intelligence and Security CommitteeContinuation of Intelligence and Security Committee1921931941958Intelligence and Security CommitteeFunctions of CommitteeMembership of CommitteeFilling vacancy in membership of Committee102102103104

Version as at1 July 2022196197198199200Intelligence and Security Act 2017Endorsement of nominated membersCommittee not to transact business until nominated membersendorsedChairperson of CommitteePrivilegeAdministrative provisions relating to endance before CommitteeMeaning of sensitive informationProvision of information to CommitteeSecrecy of information disclosed to CommitteeCommittee’s records may be copied to House of Representatives105106107108108Part 7Miscellaneous provisionsMinisterial policy statements206207208209210211212213214215216Issue of ministerial policy statementsIssue of ministerial policy statements relating to co-operating, etc,with overseas public authoritiesIssue of additional ministerial policy statementsEffect of ministerial policy statementContent of ministerial policy statementsConsultation on proposed ministerial policy statementsAmending, revoking, or replacing ministerial policy statementsMinisterial policy statements applying to both intelligence andsecurity agenciesDuration of ministerial policy statementPublication of ministerial policy statementsStatus of ministerial policy statements y records217218Powers in relation to security recordsDisclosure of information relating to activities of intelligence andsecurity agency112112Confidentiality219Duty of confidentiality113Security clearance information220Use of information provided for security clearance assessment114Annual reports221222223224Annual reports of intelligence and security agenciesAnnual report of Inspector-GeneralAnnual report of Intelligence and Security CommitteeRestrictions on reports to House of Representatives1151171181189

Intelligence and Security Act 2017Version as at1 July 2022Offences225226227Obstructing, hindering, resisting, or deceiving Inspector-GeneralPersonationRestriction on publication and broadcasting of informationregarding employees119119119False or misleading representations about employment andidentity228229Employee may make false or misleading representations aboutemploymentProtections relating to representations about identity120121Exceptions and immunities230231232Exception from criminal liability under section 246 of Crimes Act1961 in certain circumstancesExceptions to Land Transport (Road User) Rule 2004Burden of proof to establish immunity and relationships betweenimmunities121122122Intelligence functions of Chief Executive of Department of thePrime Minister and Cabinet233234Functions of Chief Executive of DPMC in relation to intelligenceand assessmentsDuty to act independently123123Periodic reviews235236237238239240241Requirement to hold periodic reviewsAppointment of reviewers and related mattersProvision of informationReport of reviewersRemuneration of reviewersProvision of administrative and other supportReviewers to determine own procedure123124124124125125125Part 8Repeals and amendmentsRepeals242Repeals126Amendments to Biosecurity Act 199324324410Amendments to Biosecurity Act 1993Section 142I amended (Disclosure of personal information in NewZealand)126126

Version as at1 July 2022Intelligence and Security Act 2017Amendments to Births, Deaths, Marriages, and RelationshipsRegistration Act 1995245246247248249Amendments to Births, Deaths, Marriages, and RelationshipsRegistration Act 1995Section 2 amended (Interpretation)Section 65 amended (Request for new identity information forcertain witnesses, etc)Section 75F amended (Searches for certain authorised purposes)Section 78 amended (Restrictions on searches relating to newnames of certain witnesses, etc)127127127128128Amendments to Corrections Act 2004250251252Amendments to Corrections Act 2004Section 3 amended (Interpretation)Section 117 amended (Authorised disclosure of information)128128128Amendments to Crimes Act 1961253254255Amendments to Crimes Act 1961New section 78AA inserted (Wrongful communication, retention,or copying of classified information)78AA Wrongful communication, retention, or copying ofclassified informationSection 78B amended (Consent of Attorney-General toproceedings in relation to espionage or wrongful communication,retention, or copying of official information)129129129130Amendments to Customs and Excise Act 1996256257258Amendments to Customs and Excise Act 1996Section 280M replaced (Direct access to database information forcounter-terrorism investigation purposes)280M Direct access to database information for purposes ofcounter-terrorism and national securityNew section 293A inserted (Saving of agreements made undersection 280M before commencement of section 257 of Intelligenceand Security Act 2017)293ASaving of agreements made under section 280M beforecommencement of section 257 of Intelligence andSecurity Act 2017130130130132132Amendment to Education Act 1989259260Amendment to Education Act 1989Section 346 amended (Offences)132133Amendment to Electronic Identity Verification Act 2012261Amendment to Electronic Identity Verification Act 201213311

Intelligence and Security Act 2017262Version as at1 July 2022Section 12 amended (Exception to section 11 for certainindividuals with new identity information)133Amendment to Employment Relations Act 2000263264Amendment to Employment Relations Act 2000New section 172A inserted (Reports from Inspector-General ofIntelligence and Security)172AReports from Inspector-General of Intelligence andSecurity133133134Amendments to Immigration Act ts to Immigration Act 2009Section 3 amended (Purpose)Section 4 amended (Interpretation)Section 9A amended (Meaning of mass arrival group)Section 29 amended (Automated decision making in advancepassenger processing)Section 96 replaced (Responsibilities of carrier, and person incharge, of commercial craft before it departs from another countryto travel to New Zealand)96Carrier, and person in charge, of commercial craft toprovide advance passenger processing information beforedepartureSection 97 amended (Chief executive may make decision aboutperson boarding craft for purpose of travelling to New Zealand)New section 97A inserted (Chief executive may make decisionabout person boarding commercial craft for purpose of travellingfrom New Zealand)97AChief executive may make decision about personboarding commercial craft for purpose of travelling fromNew ZealandSection 101 amended (Obligations in relation to craft en route to orarriving in New Zealand)Section 102 amended (Obligations of carriers, and persons incharge, of craft to provide information)Section 303 amended (Disclosure of information to enablespecified agencies to check identity and character)New sections 303A to 303C inserted303ADisclosure of information to specified agencies forpurposes of law enforcement, counter-terrorism, andsecurity303BDirect access to information for purposes of lawenforcement, counter-terrorism, and security303CRequirements for agreements entered into under section303, 303A, or 41141

Version as at1 July 2022277278279Intelligence and Security Act 2017Section 349 amended (Offences relating to carriers, and persons incharge, of craft)Section 366 amended (Evidence in proceedings: certificates inrelation to persons)Section 402 amended (Regulations relating to procedures andrequirements in relation to arrivals in and departures from NewZealand)142143143Amendments to Land Transport Act 1998280281282Amendments to Land Transport Act 1998Section 24A amended (Authorised persons may request driverlicences for certain persons)Section 200 amended (Restrictions on access to photographicimages of driver licence holders)143143143Amendments to Passports Act 98299300301302Amendments to Passports Act 1992Section 2 amended (Interpretation)Section 4 amended (Issue of passport)Section 4A repealed (Refusal to issue passport on grounds ofnational security)Section 8A repealed (Cancellation of passport on grounds ofnational security)Section 9 amended (Cancellation of passport on other grounds)Section 11 amended (Delivery of recalled passport)Section 11A amended (Warnings on New Zealand travel documentdatabase)Section 20 amended (Cancellation of certificate of identity)Section 20A repealed (Cancellation of certificate of identity ongrounds of national security)Section 22 amended (Delivery of recalled certificate of identity)Section 23 amended (Issue of emergency travel document)Section 25 amended (Cancellation of emergency travel document)Section 25A repealed (Cancellation of emergency travel documenton grounds of national security)Section 27 amended (Delivery of recalled emergency traveldocument)Section 27A amended (Issue of refugee travel document)Section 27B repealed (Refusal to issue refugee travel document ongrounds of national security)Section 27D amended (Cancellation of refugee travel document)Section 27E repealed (Cancellation of refugee travel document ongrounds of national security)Section 27G amended (Delivery of recalled refugee 514514514514514614614614613

Intelligence and Security Act 2017303New sections 27GA to 27GF and cross-heading insertedVersion as at1 July 2022146National and international security27GA304305306307308309310311Refusal to issue, or cancellation or retention of, NewZealand travel document on grounds of national orinternational security27GB Chief Commissioner of Intelligence Warrants to benotified of action taken under section 27GA27GC Person to be notified of action taken under section 27GA27GD Person not entitled to obtain New Zealand traveldocument if action taken under section 27GA27GE Temporary suspension of New Zealand travel documentspending decision under section 27GA27GF Review of Minister’s decision under section 27GASection 27I amended (Electronic cancellation of New Zealandtravel documents)Section 28 amended (Appeal to High Court)Section 29 amended (Appeal to Court of Appeal in certain cases)Cross-heading above section 29AA replacedSection 29AA amended (Proceedings where national securityinvolved)Section 29AB amended (Proceedings involving classified securityinformation)New section 37B inserted (Crown liability)37BCrown liabilitySection 46 repealed (Transitional 53153Amendments to Privacy Act 1993312313314315316317Amendments to Privacy Act 1993Section 2 amended (Interpretation)Section 6 amended (Information privacy principles)Section 57 replaced (Intelligence organisations)57Exemption for intelligence and security agenciesCross-heading above section 81 amendedSection 81 replaced (Special procedure relating to intelligenceorganisations)81Special procedure relating to intelligence and securityagencies153153154154154154154154Amendments to Protected Disclosures Act 200031831932014Amendments to Protected Disclosures Act 2000Section 3 amended (Interpretation)Sections 12 and 13 replaced12Special rules on procedures of organisations relating tointelligence and security matters155155155155

Version as at1 July 202213Intelligence and Security Act 2017Special rules on procedures of certain organisationsrelating to international relations156Amendments to Public Finance Act 1989321322323324Amendments to Public Finance Act 1989Section 2 amended (Interpretation)Section 15A amended (Main Appropriation Bill: supportinginformation relating to appropriations)Section 45E amended (Application of this Part to intelligence andsecurity departments)156156157157Amendment to Remuneration Authority Act 1977325326Amendment to Remuneration Authority Act 1977Schedule 4 amended157157Amendments to Search and Surveillance Act 2012327328329Amendments to Search and Surveillance Act 2012Subpart 8 heading in Part 2 amendedSection 25 amended (Warrantless searches if offence againstsection 78 of Crimes Act 1961 suspected)157157157Amendments to State Sector Act 1988330331332Amendments to State Sector Act 1988Section 44 amended (Special provisions in relation to certain chiefexecutives)Schedule 1 amended158158158Amendment to Tax Administration Act 1994333334Amendment to Tax Administration Act 1994Section 81 amended (Officers to maintain secrecy)158158Consequential amendments335Consequential amendments158Schedule 1Transitional, savings, and related provisions159Schedule 2Databases accessible to intelligence and security agencies162Schedule 3Administrative provisions164Schedule 4Consequential amendments173The Parliament of New Zealand enacts as follows:15

s11Intelligence and Security Act 2017Version as at1 July 2022TitleThis Act is the Intelligence and Security Act 2017.2Commencement(1)The following provisions come into force on 1 April 2017:(2)(a)section 4, in relation to the definition of intelligence and securityagency:(b)subpart 6 of Part 4:(c)section 118:(d)section 119:(e)subpart 2 of Part 5:(f)sections 167 to 170:(g)section 242(1):(h)sections 256 to 258:(i)sections 283 to 311:(j)Schedule 2:(k)Part 1 of Schedule 3:(l)Part 3 of Schedule 3.The rest of this Act comes into force on the day that is 6 months after the dateof Royal assent.Part 1Preliminary provisions3PurposeThe purpose of this Act is to protect New Zealand as a free, open, and demo‐cratic society by—(a)establishing intelligence and security agencies that will effectively con‐tribute to—(i)the protection of New Zealand’s national security; and(ii)the international relations and well-being of New Zealand; and(iii)the economic well-being of New Zealand; and(b)giving the intelligence and security agencies adequate and appropriatefunctions, powers, and duties; and(c)ensuring that the functions of the intelligence and security agencies areperformed—(i)16in accordance with New Zealand law and all human rights obliga‐tions recognised by New Zealand law; and

Version as at1 July 2022(d)4Intelligence and Security Act 2017Part 1 s 4(ii)with integrity and professionalism; and(iii)in a manner that facilitates effective democratic oversight; andensuring that the powers of the intelligence and security agencies aresubject to institutional oversight and appropriate safeguards.InterpretationIn this Act, unless the context otherwise requires,—advisory panel means the advisory panel continued by section 167Auditor-General means the Controller and Auditor-General appointed undersection 7 of the Public Audit Act 2001Chief Commissioner of Intelligence Warrants means the Chief Commis‐sioner of Intelligence Warrants appointed under section 112(2)Commissioner of Intelligence Warrants means a Commissioner of Intelli‐gence Warrants appointed under section 112(1)department—(a)means a department as defined in section 5 of the Public Service Act2020; and(b)includes a departmental agency (as defined in that section) hosted by thedepartment; and(c)includes an interdepartmental executive board (as defined in that sec‐tion) serviced by the departmentDeputy Inspector-General means the Deputy Inspector-General of Intelli‐gence and Security appointed under section 164designated terrorist entity has the meaning given to it by section 4(1) of theTerrorism Suppression Act 2002Director-General of an intelligence and security agency means—(a)the Director-General of Security:(b)the Director-General of the Government Communications SecurityBureauDirector-General of Security means the chief executive of the New ZealandSecurity Intelligence ServiceDirector-General of the Government Communications Security Bureaumeans the chief executive of the Government Communications SecurityBureauemployee, in relation to an intelligence and security agency, means a personemployed in any capacity in that agencyfinancial year means a period of 12 months commencing on 1 July and endingwith 30 June17

Part 1 s 4Intelligence and Security Act 2017Version as at1 July 2022foreign organisation means—(a)a Government of any jurisdiction other than New Zealand:(b)an entity controlled by the Government of any jurisdiction other thanNew Zealand:(c)a body corporate that is incorporated outside New Zealand, or any com‐pany within the meaning of the Companies Act 1993 that is, for the pur‐poses of the Companies Act 1993, a subsidiary of any body corporateincorporated outside New Zealand:(d)an unincorporated body of persons—(e)(i)that is not a body 50% or more of whose members are New Zea‐land citizens or permanent residents of New Zealand; and(ii)that carries on activities wholly or in part outside New Zealand:an international organisationforeign person means a person who is not—(a)a New Zealand citizen; or(b)a permanent resident of New Zealandforeign public agency means any person or body, wherever situated, that per‐forms any public function, duty, or power conferred on that person or body byor under the laws of a foreign countryGovernment Communications Security Bureau means the GovernmentCommunications Security Bureau continued by section 8human

130 Variation of direct access agreement Sections 126, 127, and 128 apply with any necessary modifications in respect of a proposal to enter into an agreement varying a direct access agreement. 131 Publication of direct access agreements (1) An agreement, and all variations to the agreement, must be published on—