Document ID: chunk:federal_register_of_legislation:F2023C00366:reg:118
Version: federal_register_of_legislation:F2023C00366
Segment Type: reg
Provision Reference: reg 118
Character Range: 131252–133410

118  Deciding application for exemption
 (1) If the ACMA receives an application for an exemption from an obligation under section 115, the ACMA must decide whether to grant or not to grant the exemption no later than 65 business days after receiving the application.
 (2) The ACMA may have regard to the following matters in considering the application:
 (a) the network capacity of a carriage service provider or carrier;
 (b) the support systems available to a carriage service provider or carrier.
 (3) The ACMA may consider any other matters it considers relevant to providing number portability.
 (4) If the ACMA consulted the ACCC under section 117, the ACMA must have regard to the ACCC's comments on the long‑term interests of end‑users.
 (5) The ACMA must grant the exemption if it is satisfied that it is not practicable for the applicant to meet the obligation.
 (6) The ACMA may grant the exemption if it is satisfied that it would be in the long‑term interests of end‑users to exempt the applicant from the obligation.
 (7) The ACMA must otherwise decide not to grant the exemption.
 (8) The ACMA may grant an exemption:
 (a) for a specified period; or
 (b) for specified purposes; or
 (c) in relation to a specified customer or class of customers; or
 (d) subject to specified conditions.
 (9) If the ACMA does not make a decision within the period required under subsection (1), the ACMA is taken to have made a decision not to grant the exemption under subsection (1).

 119  Request for further information
 (1) The ACMA may, at any time while considering an application made under section 115, request further information from the applicant.
 (2) The 65 business days mentioned in subsection 118(1) do not include a period:
 (a) starting when the ACMA asks the applicant for further information; and
 (b) ending when the ACMA receives the information.
 (3) The ACMA may nominate a date by which the information it requests must be provided.
 (4) The ACMA may, at any time, replace a nominated date with a later nominated date.
 (5) The application lapses if the applicant fails to provide the requested information by the nominated date.