Document ID: chunk:federal_register_of_legislation:C2024C00749:section:198:p1
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 198 (pt 1/2)
Character Range: 705727–708432

198  Consideration of IC plans
 (1) If a carrier or a nominated carriage service provider gives a Communications Access Coordinator an IC plan under section 196, 197 or 201, or an amended IC plan under this section, a Communications Access Coordinator must, within 60 days of the plan being received:
 (a) approve the plan and notify the carrier or provider of the approval; or
 (b) give the plan back to the carrier or provider with a written request for the carrier or provider to give a Communications Access Coordinator an amended IC plan to take account of specified matters.

Consultation with interception agencies and the ACMA

 (2) As soon as practicable after receiving an IC plan (the original plan) under section 196, 197 or 201, a Communications Access Coordinator must:
 (a) give a copy of the plan to:
 (i) the interception agencies that, in the opinion of a Communications Access Coordinator, are likely to be interested in the plan; and
 (ii) the ACMA; and
 (b) invite each such interception agency to provide comments on the plan to a Communications Access Coordinator.

Request for amendment of original plan
 (3) If:
 (a) a Communications Access Coordinator receives a comment from an interception agency requesting an amendment of the original plan; and
 (b) a Communications Access Coordinator considers the request to be a reasonable one;
a Communications Access Coordinator must:
 (c) give the carrier or provider a copy of the comment or a summary of the comment; and
 (d) request that the carrier or provider respond to the comment or summary within the period (the response period) of 30 days of receiving the comment or summary.

Response to request for amendment of original plan
 (4) The carrier or provider must respond to a request for an amendment of the original plan either:
 (a) by indicating its acceptance of the request, by amending the original plan appropriately and by giving the amended plan to a Communications Access Coordinator within the response period; or
 (b) by indicating that it does not accept the request and providing its reasons for that non‑acceptance.

The ACMA's role
 (5) If the carrier or provider indicates that it does not accept a request for an amendment of the original plan, a Communications Access Coordinator must:
 (a) refer the request and the carrier's or provider's response to the ACMA; and
 (b) request the ACMA to determine whether any amendment of the original plan is required.
 (6) The ACMA must then:
 (a) determine in writing that no amendment of the original plan is required in response to the request for the amendment; or
 (b) if, in the opinion of the ACMA:
 (i) the request for the amendment is a reasonable one; and