Commonwealth Consolidated Acts

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

Review of exemption or variation decisions

             (1)  A service provider may apply in writing to the ACMA for review of a decision under subsection 187K(1) relating to the service provider.

             (2)  The ACMA must:

                     (a)  confirm the decision; or

                     (b)  substitute for that decision another decision that could have been made under subsection 187K(1).

A substituted decision under paragraph (b) has effect (other than for the purposes of this section) as if it were a decision of the Communications Access Co-ordinator under subsection 187K(1).

             (3)  Before considering its review of the decision under subsection 187K(1), the ACMA must give a copy of the application to:

                     (a)  the Communications Access Co-ordinator; and

                     (b)  any enforcement agencies and security authorities that were given, under subparagraph 187K(5)(a)(i), a copy of the application for the decision under review; and

                     (c)  any other enforcement agencies and security authorities that, in the opinion of the ACMA, are likely to be interested in the application.

Matters to be taken into account

             (4)  Before making a decision under subsection (2) in relation to a service provider, the ACMA 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.

             (5)  The ACMA may take into account any other matter it considers relevant.



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