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High Severity

Broad Police Powers Chill Innovation

The Authority can exercise police investigative powers under the Criminal and Other Offences (Procedure) Act without explicit limitations (section 71(3)), creating regulatory uncertainty about what enforcement actions ICT businesses might face. Combined with the power to immediately restrain businesses from operating (71(1)(d)) and assess damages against providers (71(1)(e))—quasi-judicial functions typically reserved for courts—this creates a high-stakes compliance environment that will deter experimentation and innovation. Startups and smaller innovators, who cannot afford extensive legal compliance infrastructure, face particularly acute risks from this unpredictable enforcement regime that can halt operations through license suspension or restraint orders without explicit procedural safeguards.