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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 187K

The Communications Access Co - ordinator may grant exemptions or variations

Decision to exempt or vary

  (1)   The Communications Access Co - ordinator may:

  (a)   exempt a specified service provider from the obligations imposed on the service provider under this Part, either generally or in so far as they relate to a specified kind of relevant service; or

  (b)   vary the obligations imposed on a specified service provider under this Part, either generally or in so far as they relate to a specified kind of relevant service; or

  (c)   vary, in relation to a specified service provider, a period specified in section   187C, either generally or in relation to information or documents that relate to a specified kind of relevant service.

A variation must not impose obligations that would exceed the obligations to which a service provider would otherwise be subject under sections   187A and 187C.

  (2)   The decision must be in writing.

  (3)   The decision may be:

  (a)   unconditional; or

  (b)   subject to such conditions as are specified in the decision.

  (4)   A decision made under subsection   (1) is not a legislative instrument.

Effect of applying for exemption or variation

  (5)   If a service provider applies in writing to the Communications Access Co - ordinator for a particular decision under subsection   (1) relating to the service provider:

  (a)   the Co - ordinator:

  (i)   must give a copy of the application to the enforcement agencies and security authorities that, in the opinion of the Co - ordinator, are likely to be interested in the application; and

  (ii)   may give a copy of the application to the ACMA; and

  (b)   if the Co - ordinator does not, within 60 days after the day the Co - ordinator receives the application:

  (i)   make a decision on the application, and

  (ii)   communicate to the applicant the decision on the application;

    the Co - ordinator is taken, at the end of that period of 60 days, to have made the decision that the service provider applied for.

  (6)   A decision that is taken under paragraph   (5)(b) to have been made in relation to a service provider that applied for the decision has effect only until the Communications Access Co - ordinator makes, and communicates to the service provider, a decision on the application.

Matters to be taken into account

  (7)   Before making a decision under subsection   (1) in relation to a service provider, the Communications Access Co - ordinator must take into account:

  (a)   the interests of law enforcement and national security; and

  (b)   the objects of the Telecommunications Act 1997 ; and

  (c)   the service provider's history of compliance with this Part; and

  (d)   the service provider's costs, or anticipated costs, of complying with this Part; and

  (e)   any alternative data retention or information security arrangements that the service provider has identified.

  (8)   The Communications Access Co - ordinator may take into account any other matter he or she considers relevant.


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