Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) As soon as practicable after receiving an application under section 187E to approve a data retention implementation plan (the original plan ), a Communications Access Coordinator must:
(a) give a copy of the plan to the enforcement agencies and security authorities that, in the opinion of a Communications Access Coordinator, 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 a Communications Access Coordinator.
A Communications Access Coordinator may give a copy of the plan to the ACMA.
Request for amendment of original plan
(2) If:
(a) a Communications Access Coordinator receives a comment from an enforcement agency or security authority requesting an amendment of the original plan; and
(b) a Communications Access Coordinator considers the request to be a reasonable one;
a Communications Access Coordinator:
(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 a Communications Access Coordinator 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, a Communications Access Coordinator 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.
Coordinator to approve amended plan or to refuse approval
(6) A Communications Access Coordinator 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 a Communications Access Coordinator--approve the plan as amended, and notify the service provider of the approval; or
(b) otherwise--refuse to approve the plan, and notify the service provider of the refusal.
ACMA determination not a legislative instrument
(7) A determination made under subsection (5) is not a legislative instrument.