Document ID: chunk:federal_register_of_legislation:F2017L00399:reg:2:p3
Version: federal_register_of_legislation:F2017L00399
Segment Type: reg
Provision Reference: reg 2 (pt 3/6)
Character Range: 42133–45053

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 ask the carriage service provider or the group of carriage service providers as the case may be, in writing, for the information.

(2) The ACMA must make a decision to approve or not approve:

        (a)   a compliance plan under paragraph 5.5(1); or

        (b)   an amendment to an approved compliance plan under paragraph 5.6(3)(b);

  within 1 month after the later of:

        (c)   receiving the the written views of the Communications Access Co-ordinator; and

        (d)   if the ACMA requests further information from the applicant under subsection (1), receiving the further information.

 (3) If the ACMA fails to make a decision under subsection 5.5(1) or paragraph 5.6(3)(b) within the period specified in subsection (2), the ACMA is taken to have not approved the compliance plan or amendment.
5.8 Revocation of approved compliance plans
 (1) This section sets out the circumstances in which an approved compliance plan may be revoked.

      Voluntary revocation

 (2) If:

        (a)   a carriage service provider to whom an approved CSP plan applies; or

        (b)   a group of carriage service providers to whom an approved joint plan applies,

      gives written notice to the ACMA of revocation of the approved compliance plan, the plan is taken to be revoked on the later of:

        (c)    the ACMA receiving the notice; and

        (d)   the date of revocation (if any) specified in the notice.

      Revocation of approved compliance plan by the ACMA

 (3) If the ACMA is satisfied, on reasonable grounds, that:
         (a)       a carriage service provider has not complied with an approved CSP plan to a significant extent; or
         (b)       one or more carriage service providers have not complied with an approved joint plan to a significant extent,
  the ACMA must give the carriage service provider or providers, as the case may be, written notice of the ACMA's intention to revoke the  approved compliance plan in relation to the provider or providers.

 (4) A notice under subsection (3) must include:
         (a)       the grounds mentioned in that subsection; and
         (b)       a statement setting out the effect of subsections (5) to (9).

 (5) A carriage service provider that receives a notice under subsection (3) may, within 21 days after the date of the notice, give the ACMA a written notice  objecting to the proposed revocation of the approved compliance plan (an objection notice).

 (6) An objection notice under subsection (5) must include the grounds on which the carriage service provider objects to the proposed revocation.

 (7) If the ACMA requires further information about an objection notice