Commonwealth Consolidated Acts

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Approval of data retention implementation plans

             (1)  If, under section 187E, a service provider applies for approval of a data retention implementation plan, the Communications Access Co-ordinator must:

                     (a)  approve the plan and notify the service provider of the approval; or

                     (b)  give the plan back to the service provider with a written request for the service provider to amend the plan to take account of specified matters.

             (2)  Before making a decision under subsection (1), the Communications Access Co-ordinator must take into account:

                     (a)  the desirability of achieving substantial compliance with section 187A (and sections 187BA and 187C ) as soon as practicable; and

                     (b)  the extent to which the plan would reduce the regulatory burden imposed on the service provider by this Part; and

                     (c)  if, at the time the Co-ordinator receives the application, the service provider is contravening section 187A (or section 187BA or 187C ) in relation to one or more services covered by the application--the reasons for the contravention; and

                     (d)  the interests of law enforcement and national security; and

                     (e)  the objects of the Telecommunications Act 1997 ; and

                      (f)  any other matter that the Co-ordinator considers relevant.

             (3)  If the Communications Access Co-ordinator does not, within 60 days after the day the Co-ordinator receives the application:

                     (a)  make a decision on the application, and

                     (b)  communicate to the applicant the decision on the application;

the Co-ordinator is taken, at the end of that period of 60 days, to have made the decision that the service provider applied for, and to have notified the service provider accordingly.

             (4)  A decision that is taken under subsection (3) to have been made in relation to a service provider that applied for the decision has effect only until the Communications Access Co-ordinator makes, and communicates to the service provider, a decision on the application.

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