Document ID: chunk:federal_register_of_legislation:C2018C00385:clause:1_314a:p2
Version: federal_register_of_legislation:C2018C00385
Segment Type: clause
Provision Reference: sch 1 cl 314A (pt 2/2)
Character Range: 13091–14923

section.
Note: For revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
 (5) The Communications Access Co‑ordinator may, by notice in writing given to a carrier or a nominated carriage service provider, exempt the carrier or provider from the operation of this section in relation to changes specified in the notice.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
 (5A) The Communications Access Co‑ordinator may grant an exemption under subsection (4) or (5) on his or her own initiative or on written application by a carrier or a nominated carriage service provider.
 (5B) If a carrier or a nominated carriage service provider makes such an application, the Communications Access Co‑ordinator must, within 60 days of receiving the application, either:
 (a) give the carrier or provider an exemption under subsection (4) or (5); or
 (b) give the carrier or provider a notice in writing refusing the application, including setting out the reasons for the refusal.
 (5C) Applications may be made to the Administrative Appeals Tribunal for review of a decision of the Communications Access Co‑ordinator under paragraph (5B)(b) to refuse an application.
 (6) An exemption under subsection (4) or (5) has effect accordingly.
 (6A) An exemption under subsection (4) or (5) may specify the period during which it is to remain in force. The exemption remains in force for that period unless it is revoked earlier or it ceases to be in force as mentioned in subsection (6B).
 (6B) An exemption under subsection (4) or (5) may be given subject to conditions specified in the exemption. The exemption ceases to be in force if the carrier or nominated carriage service provider breaches a condition.
 (7) An exemption under subsection (4) or (5) is not a legislative instrument.