Document ID: chunk:federal_register_of_legislation:C2015A00039:clause:1_187g:p1
Version: federal_register_of_legislation:C2015A00039
Segment Type: clause
Provision Reference: sch 1 cl 187G (pt 1/2)
Character Range: 26049–28831

187G  Consultation with agencies and the ACMA
 (1) As soon as practicable after receiving an application under section 187E to approve a data retention implementation plan (the original plan), the Communications Access Co‑ordinator must:
 (a) give a copy of the plan to the enforcement agencies and security authorities that, in the opinion of the Co‑ordinator, are likely to be interested in the plan; and
 (b) invite each such enforcement agency or security authority to provide comments on the plan to the Co‑ordinator.
The Co‑ordinator may give a copy of the plan to the ACMA.

Request for amendment of original plan
 (2) If:
 (a) the Communications Access Co‑ordinator receives a comment from an enforcement agency or security authority requesting an amendment of the original plan; and
 (b) the Co‑ordinator considers the request to be a reasonable one;
the Co‑ordinator:
 (c) must request that the service provider make the amendment within 30 days (the response period) after receiving the comment or summary; and
 (d) may give the service provider a copy of the comment or a summary of the comment.

Response to request for amendment of original plan
 (3) The service 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 the Communications Access Co‑ordinator 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
 (4) If the service provider indicates that it does not accept a request for an amendment of the original plan, the Communications Access Co‑ordinator must:
 (a) refer the request and the service provider's response to the ACMA; and
 (b) request the ACMA to determine whether any amendment of the original plan is required.
 (5) 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
 (ii) the service provider's response to the request for the amendment is not reasonable;
  determine in writing that the original plan should be amended in a specified manner and give a copy of the determination to the service provider.

Co‑ordinator to approve amended plan or to refuse approval
 (6) The Communications Access Co‑ordinator must:
 (a) if, on receipt of a determination under paragraph (5)(b), the service provider amends the original plan to take account of that determination and gives the amended plan to the Communications Access Co‑ordinator—approve the plan as amended, and notify the service provider of the