Document ID: chunk:federal_register_of_legislation:C2024C00749:section:187g:p1
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 187G (pt 1/2)
Character Range: 675435–678237

187G  Consultation with agencies and the ACMA
 (1) As soon as practicable after receiving an application under section 187E to approve a data retention implementation plan (the original plan), a Communications Access Coordinator must:
 (a) give a copy of the plan to the enforcement agencies and security authorities that, in the opinion of a Communications Access Coordinator, 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 a Communications Access Coordinator.
A Communications Access Coordinator may give a copy of the plan to the ACMA.

Request for amendment of original plan
 (2) If:
 (a) a Communications Access Coordinator receives a comment from an enforcement agency or security authority requesting an amendment of the original plan; and
 (b) a Communications Access Coordinator considers the request to be a reasonable one;
a Communications Access Coordinator:
 (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 a Communications Access Coordinator 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, a Communications Access Coordinator 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.

Coordinator to approve amended plan or to refuse approval
 (6) A Communications Access Coordinator 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 a Communications Access Coordinator—approve the