Document ID: chunk:federal_register_of_legislation:C2024C00749:section:187k:p1
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 187K (pt 1/2)
Character Range: 680567–683394

187K  Communications Access Coordinator may grant exemptions or variations

Decision to exempt or vary
 (1) A Communications Access Coordinator may:
 (a) exempt a specified service provider from the obligations imposed on the service provider under this Part, either generally or in so far as they relate to a specified kind of relevant service; or
 (b) vary the obligations imposed on a specified service provider under this Part, either generally or in so far as they relate to a specified kind of relevant service; or
 (c) vary, in relation to a specified service provider, a period specified in section 187C, either generally or in relation to information or documents that relate to a specified kind of relevant service.
A variation must not impose obligations that would exceed the obligations to which a service provider would otherwise be subject under sections 187A and 187C.
 (2) The decision must be in writing.
 (3) The decision may be:
 (a) unconditional; or
 (b) subject to such conditions as are specified in the decision.
 (4) A decision made under subsection (1) is not a legislative instrument.

Effect of applying for exemption or variation
 (5) If a service provider applies in writing to a Communications Access Coordinator for a particular decision under subsection (1) relating to the service provider:
 (a) a Communications Access Coordinator:
 (i) must give a copy of the application to the enforcement agencies and security authorities that, in the opinion of a Communications Access Coordinator, are likely to be interested in the application; and
 (ii) may give a copy of the application to the ACMA; and
 (b) if a Communications Access Coordinator does not, within 60 days after the day a Communications Access Coordinator receives the application:
 (i) make a decision on the application, and
 (ii) communicate to the applicant the decision on the application;
  a Communications Access Coordinator is taken, at the end of that period of 60 days, to have made the decision that the service provider applied for.
 (6) A decision that is taken under paragraph (5)(b) to have been made in relation to a service provider that applied for the decision has effect only until a Communications Access Coordinator makes, and communicates to the service provider, a decision on the application.

Matters to be taken into account
 (7) Before a Communications Access Coordinator makes a decision under subsection (1) in relation to a service provider, the Coordinator must take into account:
 (a) the interests of law enforcement and national security; and
 (b) the objects of the Telecommunications Act 1997; and
 (c) the service provider's history of compliance with this Part; and
 (d) the service provider's costs, or anticipated costs, of complying with this Part; and
 (e) any alternative data retention