Document ID: chunk:federal_register_of_legislation:F2017L00399:reg:2:p2
Version: federal_register_of_legislation:F2017L00399
Segment Type: reg
Provision Reference: reg 2 (pt 2/6)
Character Range: 39424–42385

proposed arrangements for verifying the identity of the customer; and
         (c)   for approval of an amendment of an approved compliance plan – clearly describe the nature and scope of the proposed amendments.
5.5 Approval of compliance plans
 (1) If the ACMA receives an application from:
        (a)   a carriage service provider under paragraph 5.2(a) for approval of a CSP plan; or
        (b)   a group of carriage service providers under paragraph 5.3(a) for approval of a joint plan,
the ACMA must decide to approve or not approve the compliance plan as the case may be.
 (2) The ACMA must consider the following matters in deciding whether to approve a compliance plan:
         (a)       the written views of the Communications Access Co-ordinator on whether the compliance plan will satisfy the information needs of law enforcement agencies; and
         (b)       whether the compliance plan meets the objects of this Determination in section 2.1.

      Note   A decision under this section may be reviewed by the Administrative Appeals Tribunal after a process of internal reconsideration by the ACMA under Part 29 of the Telecommunications Act 1997.
5.6 Approval of amendment of approved compliance plan
 (1) If the ACMA receives an application from:
        (a)   a carriage service provider under paragraph 5.2(b) for approval of an amendment of an approved CSP plan; or
        (b)   a group of carriage service providers under paragraph 5.3(b) for approval of an amendment of an approved joint plan,
the ACMA must decide whether the proposed amendment would result in a significant change to the approved compliance plan.

 (2) If the ACMA decides under subsection (1) that the proposed amendment would not result in a significant change to the approved compliance plan, the ACMA must approve the proposed amendment.

 (3) If the ACMA decides under subsection (1) that the proposed amendment would result in a significant change to the relevant approved compliance plan, the ACMA must:
         (a)       consult the Communications Access Co-ordinator about whether the  approved compliance plan as amended (the amended approved compliance plan) will satisfy the information needs of law enforcement agencies; and
         (b)       decide whether to approve or not approve the amended approved compliance plan.

 (4) In making a decision under paragraph (3)(b), the ACMA must consider the matters mentioned in subsection 5.5(2) as if a reference in that subsection to the compliance plan is a reference to the amended approved compliance plan.

      Note   A decision under this section may be reviewed by the Administrative Appeals Tribunal after a process of internal reconsideration by the ACMA under Part 29 of the Telecommunications Act 1997.
5.7 Requests for further information and timeframes for making decisions

       (1) If the ACMA requires further information about an application made under section 5.2 or 5.3, the ACMA may