Document ID: chunk:federal_register_of_legislation:C2007A00177:clause:1_64
Version: federal_register_of_legislation:C2007A00177
Segment Type: clause
Provision Reference: sch 1 cl 64
Character Range: 71880–73327

64  Transitional—exemptions from interception capability

Agency co‑ordinator exemptions

(1) An exemption in force under subsection 326(1) of the Telecommunications Act 1997 immediately before the commencement of this item in relation to a carriage service has effect after that commencement as if it were an exemption in force under subsection 192(1) of the TIA Act in relation to the equivalent kind of telecommunications service.

(2) If:
 (a) an application was made under section 326 of the Telecommunications Act 1997 before the commencement of this item in relation to a carriage service; and
 (b) the application had not been decided (including because of the operation of subsection 326(4) of that Act) immediately before the commencement of this item;
then:
 (c) the application has affect at the commencement of this item as if it had been made under section 192 of the TIA Act; and
 (d) for the purposes of the Communications Access Co‑ordinator deciding it, the Co‑ordinator is taken to have received it on the day it was received under the Telecommunications Act 1997.

ACMA exemptions

(3) An exemption in force under subsection 327(1) of the Telecommunications Act 1997 immediately before the commencement of this item in relation to a carriage service has effect after that commencement as if it were an exemption in force under subsection 193(1) of the TIA Act in relation to the equivalent kind of telecommunications service.