Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 518

Person adversely affected by report to be given opportunity to comment

  (1)   This section applies if the publication of a matter in a report or a part of a report would, or would be likely to, adversely affect the interests of a person.

  (2)   The ACMA must not publish the report or the part of the report, as the case may be, until the ACMA has given the person a reasonable period (not exceeding 30 days) to make representations, either orally or in writing, in relation to the matter.

  (3)   However, the ACMA is not required to give the person a reasonable period to make representations if:

  (a)   the matter relates to a possible breach of:

  (i)   the Spam Act 2003 or regulations under that Act; or

  (ii)   the Do Not Call Register Act 2006 or regulations under that Act; and

  (b)   the ACMA has reasonable grounds to believe that giving the person a reasonable period to make representations is likely to result in the concealment, loss or destruction of a thing connected with the breach.


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