Document ID: chunk:federal_register_of_legislation:F2023C00366:reg:34
Version: federal_register_of_legislation:F2023C00366
Segment Type: reg
Provision Reference: reg 34
Character Range: 41949–44146

34  Approval of operation plan
 (1) A carriage service provider may apply to the ACMA for approval of an operation plan in relation to the provision of an optional service.
 (2) Before making an application, the carriage service provider must consult about the provision of the optional service with consumer organisations that are appropriate to the circumstances in which, and the customers to whom, the carriage service provider proposes to supply the optional service.
 (3) The application must be in a form approved by the ACMA and be accompanied by:
  (a) a copy of the operation plan; and
 (b) a documented record of the consultations undertaken.
 (4) The ACMA must make a decision to approve or not to approve the operation plan no later than 60 business days after receiving the application.
 (5) 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.
 (6) The 60 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 must have regard to the opinion of each consumer organisation that the carriage service provider has consulted about the provision of the optional service.
 (8) The ACMA may have regard to any matter that the ACMA considers relevant.
 (9) The ACMA must not approve the operation plan if:
 (a) it is not satisfied that the operation plan sets out appropriate arrangements for ensuring the outcomes set out in subsection 33(2); or
 (b) it is not satisfied that the operation plan is consistent with the objects of the Act; or
 (c) it is not satisfied that the carriage service provider has had adequate consultations with appropriate consumer organisations about the provision of the optional service.
 (10) The ACMA must notify the carriage service provider of its decision in writing.
 (11) 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.