Document ID: chunk:federal_register_of_legislation:F2023C00366:reg:35
Version: federal_register_of_legislation:F2023C00366
Segment Type: reg
Provision Reference: reg 35
Character Range: 44146–45911

35  Amendment or replacement of operation plan on application by carriage service provider
 (1) A carriage service provider that has an approved operation plan in relation to the supply of an optional service may apply to the ACMA for approval of:
 (a) an amendment of the approved operation plan; or
 (b) a replacement operation plan.
 (2) The application must be in a form approved by the ACMA and be accompanied by a copy of the proposed amendment or replacement operation plan.
 (3) The ACMA must make a decision to approve or not to approve the amendment or the replacement operation plan no later than 60 business days after receiving the application.
 (4) The ACMA may ask the carriage service provider, in writing, to give it further information about matters relevant to the application to assist it to consider the application.
 (5) The 60 business days mentioned in subsection (3) do not include a period:
 (a) starting when the ACMA asks the carriage service provider for further information; and
 (b) ending when the ACMA receives the information.
 (6) The ACMA must not approve the amendment or replacement operation plan if:
 (a) it is not satisfied that the arrangements in the amended operation plan or replacement operation plan will be more effective than the arrangements in the current approved operation plan in ensuring the outcomes mentioned in subsection 33(2); or
 (b) it is not satisfied that the amended operation plan or replacement operation plan is consistent with the objects of the Act.
 (7) The ACMA must notify the carriage service provider of its decision in writing.
 (8) If the ACMA does not make a decision within the period required under subsection (3), the ACMA is taken to have made a decision to refuse the application.