Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A Communications Access Coordinator may exempt a specified person from all or any of the obligations imposed on the person under Division 1 in so far as those obligations relate to a specified kind of telecommunications service.
(2) The exemption must be in writing.
(3) The exemption may be:
(a) unconditional; or
(b) subject to such conditions as are specified in the exemption.
(4) An exemption given under subsection (1) is not a legislative instrument.
(5) If:
(a) a person applies in writing to a Communications Access Coordinator for an exemption under subsection (1) from all the obligations, or from particular obligations, imposed on the person under Division 1 in so far as those obligations relate to a specified kind of telecommunications service; and
(b) a Communications Access Coordinator does not make, and communicate to the applicant, a decision granting, or refusing to grant, the exemption within 60 days after the day on which a Communications Access Coordinator receives the application;
a Communications Access Coordinator is taken, at the end of that period of 60 days, to have granted an exemption to the applicant from the obligations to which the application relates in so far as those obligations relate to that kind of telecommunications service.
(6) An exemption that is taken under subsection (5) to have been granted to a person who applied for an exemption under subsection (1) has effect only until a Communications Access Coordinator makes, and communicates to the person, a decision on the application.
Matters to be taken into account
(7) Before a Communications Access Coordinator gives an exemption under subsection (1), the Coordinator must take into account:
(a) the interests of law enforcement and national security; and
(b) the objects of the Telecommunications Act 1997 .
(8) The Coordinator may take into account any other matter he or she considers relevant.