Commonwealth Consolidated Acts

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 187G

  (1)   As soon as practicable after receiving an application under section   187E to approve a data retention implementation plan (the original plan ), the Communications Access Co - ordinator must:

  (a)   give a copy of the plan to the enforcement agencies and security authorities that, in the opinion of the Co - ordinator, are likely to be interested in the plan; and

  (b)   invite each such enforcement agency or security authority to provide comments on the plan to the Co - ordinator.

The Co - ordinator may give a copy of the plan to the ACMA.

Request for amendment of original plan

  (2)   If:

  (a)   the Communications Access Co - ordinator receives a comment from an enforcement agency or security authority requesting an amendment of the original plan; and

  (b)   the Co - ordinator considers the request to be a reasonable one;

the Co - ordinator:

  (c)   must request that the service provider make the amendment within 30 days (the response period ) after receiving the comment or summary; and

  (d)   may give the service provider a copy of the comment or a summary of the comment.

Response to request for amendment of original plan

  (3)   The service provider must respond to a request for an amendment of the original plan either:

  (a)   by indicating its acceptance of the request, by amending the original plan appropriately and by giving the amended plan to the Communications Access Co - ordinator within the response period; or

  (b)   by indicating that it does not accept the request and providing its reasons for that non - acceptance.

The ACMA's role

  (4)   If the service provider indicates that it does not accept a request for an amendment of the original plan, the Communications Access Co - ordinator must:

  (a)   refer the request and the service provider's response to the ACMA; and

  (b)   request the ACMA to determine whether any amendment of the original plan is required.

  (5)   The ACMA must then:

  (a)   determine in writing that no amendment of the original plan is required in response to the request for the amendment; or

  (b)   if, in the opinion of the ACMA:

  (i)   the request for the amendment is a reasonable one; and

  (ii)   the service provider's response to the request for the amendment is not reasonable;

    determine in writing that the original plan should be amended in a specified manner and give a copy of the determination to the service provider.

Co - ordinator to approve amended plan or to refuse approval

  (6)   The Communications Access Co - ordinator must:

  (a)   if, on receipt of a determination under paragraph   (5)(b), the service provider amends the original plan to take account of that determination and gives the amended plan to the Communications Access Co - ordinator--approve the plan as amended, and notify the service provider of the approval; or

  (b)   otherwise--refuse to approve the plan, and notify the service provider of the refusal.

ACMA determination not a legislative instrument

  (7)   A determination made under subsection   (5) is not a legislative instrument.