Document ID: chunk:federal_register_of_legislation:F2017L00298:body:0:p6
Version: federal_register_of_legislation:F2017L00298
Segment Type: other
Provision Reference: 
Character Range: 13524–16486

Provisional authorisation
Subdivision A  Application for provisional authorisation

3.2  Making an application
 (1) If a person wishes to use and disclose customer data to publish and maintain a PND, the person must apply to the ACMA for the grant of a provisional authorisation.
Note: If the person is granted a provisional authorisation, the person may subsequently apply to the ACMA for the grant of a final authorisation.
 (2) The application must be made using the form approved by the ACMA.
Note: The application form is available on the ACMA's website at www.acma.gov.au.
 (3) The application must be accompanied by:
 (a) the charge (if any) for the application fixed by a determination under section 60 of the Australian Communications and Media Authority Act 2005; and
 (b) a completed privacy impact assessment using the form approved by the ACMA.
Note: The approved privacy impact assessment form is available on the ACMA's website at www.acma.gov.au.

3.3  Decision on application
 (1) The ACMA may ask a person (the applicant) in writing to give it further information about an application made under section 3.2.
 (2) If the ACMA asks for further information under subsection (1), the applicant must give the information to the ACMA within 90 days.
 (3) If the ACMA asks for further information under subsection (1) but does not receive the information within 90 days, the ACMA may treat the application as withdrawn.
 (4) The ACMA must, unless the application is withdrawn, decide whether to grant a provisional authorisation.
 (5) The ACMA must grant a provisional authorisation under subsection (4) if the ACMA:
 (a) has applied the criteria specified by the Minister in a legislative instrument under subsection 295N(1) of the Act; and
 (b) has had regard to any other matters that the ACMA considers relevant; and
 (c) is reasonably satisfied that the applicant has demonstrated that:
 (i) the proposed PND will satisfy the requirements of the definition of public number directory in subsection 285(2) of the Act, as modified by any legislative instrument that the Minister may make under subsection 285(4), (5) or (6) of the Act; and
 (ii) the applicant is likely to comply with the other relevant requirements.
Note: At the commencement of this scheme:
                (a)     the Telecommunications (Integrated Public Number Database Scheme – Criteria for Deciding Authorisation Applications) Instrument 2007 (No. 1) is the only legislative instrument in force under subsection 295N(1) of the Act;
                (b)     the Telecommunications (Integrated Public Number Database – Public Number Directory Additional Information) Instrument 2007 (No.1) is the only legislative instrument in force under subsection 285(4) of the Act;
                (c)     the Telecommunications (Integrated Public Number Database – Public Number Directory Requirements) Instrument 2007 (No. 1) is the only legislative instrument in force under subsection