Decision to exempt or vary
(1) The Communications Access Co-ordinator may:
(a) exempt a specified service provider from the obligations imposed on the service provider under this Part, either generally or in so far as they relate to a specified kind of relevant service; or
(b) vary the obligations imposed on a specified service provider under this Part, either generally or in so far as they relate to a specified kind of relevant service; or
(c) vary, in relation to a specified service provider, a period specified in section 187C, either generally or in relation to information or documents that relate to a specified kind of relevant service.
A variation must not impose obligations that would exceed the obligations to which a service provider would otherwise be subject under sections 187A and 187C.
(2) The decision must be in writing.
(3) The decision may be:
(a) unconditional; or
(b) subject to such conditions as are specified in the decision .
(4) A decision made under subsection (1) is not a legislative instrument.
Effect of applying for exemption or variation
(5) If a service provider applies in writing to the Communications Access Co-ordinator for a particular decision under subsection (1) relating to the service provider:
(a) the Co-ordinator:
(i) must give a copy of the application to the enforcement agencies and security authorities that, in the opinion of the Co-ordinator, are likely to be interested in the application; and
(ii) may give a copy of the application to the ACMA; and
(b) if the Co-ordinator does not, within 60 days after the day the Co-ordinator receives the application:
(i) make a decision on the application, and
(ii) 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.
(6) A decision that is taken under paragraph (5)(b) 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.
Matters to be taken into account
(7) Before making a decision under subsection (1) in relation to a service provider, the Communications Access Co-ordinator must take into account:
(a) the interests of law enforcement and national security; and
(b) the objects of the Telecommunications Act 1997 ; and
(c) the service provider's history of compliance with this Part; and
(d) the service provider's costs, or anticipated costs, of complying with this Part; and
(e) any alternative data retention or information security arrangements that the service provider has identified.
(8) The Communications Access Co-ordinator may take into account any other matter he or she considers relevant.