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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 192

The Communications Access Co-ordinator may grant exemptions

             (1)  The Communications Access Co-ordinator 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 the Communications Access Co-ordinator 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)  the Co-ordinator 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 the Co-ordinator receives the application;

the Co-ordinator 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 the Communications Access Co-ordinator makes, and communicates to the person, a decision on the application.

Matters to be taken into account

             (7)  Before giving an exemption under subsection (1), 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 .

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



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