Document ID: chunk:federal_register_of_legislation:F2023C00366:reg:104
Version: federal_register_of_legislation:F2023C00366
Segment Type: reg
Provision Reference: reg 104
Character Range: 119267–120622

104  Application for exemption from obligation in this Chapter
 (1) A carriage service provider may apply to the ACMA for an exemption from a provision of this Chapter.
 (2) The application may be for an exemption from complying with an obligation in relation to:
 (a) all customers; or
 (b) a class of customers.
 (3) The application must be in writing.
 (4) The ACMA must make a decision to grant or not to grant the exemption no later than 65 business days after receiving the application.
 (5) The ACMA may ask the carriage service provider, in writing, to give it further information on matters relevant to its consideration of the application.
 (6) The 65 business days mentioned in subsection (4) 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.
 (7) In considering the application, the ACMA may have regard to any matter that the ACMA considers relevant.
 (8) The ACMA may consult an advisory committee or the ACCC about the application.
 (9) The ACMA must give written notice of the ACMA's decision to the carriage service provider concerned.
 (10) If the ACMA does not make a decision within the period required under subsection (4), the ACMA is taken to have made a decision to refuse the application under subsection (4).