Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 521

The ACMA may obtain information and documents from carriers and service providers

  (1)   This section applies to a carrier or a service provider if the ACMA has reason to believe that the carrier or provider:

  (a)   has information or a document that is relevant to:

  (i)   the performance of any of the ACMA's telecommunications functions; or

  (ii)   the exercise of any of the ACMA's telecommunications powers; or

  (b)   is capable of giving evidence which the ACMA has reason to believe is relevant to:

  (i)   the performance of any of the ACMA's telecommunications functions; or

  (ii)   the exercise of any of the ACMA's telecommunications powers.

  (2)   The ACMA may, by written notice given to the carrier or provider, require the carrier or provider:

  (a)   to give to the ACMA, within the period and in the manner and form specified in the notice, any such information; or

  (b)   to produce to the ACMA, within the period and in the manner specified in the notice, any such documents; or

  (c)   to make copies of any such documents and to produce to the ACMA, within the period and in the manner specified in the notice, those copies; or

  (d)   if the carrier or provider is an individual--to appear before the ACMA at a time and place specified in the notice to give any such evidence, either orally or in writing, and produce any such documents; or

  (e)   if the carrier or provider is a body corporate or a public body--to cause a competent officer of the body to appear

    before the ACMA at a time and place specified in the notice to give any such evidence, either orally or in writing, and produce any such documents; or

  (f)   if the carrier or provider is a partnership--to cause an individual who is:

  (i)   a partner in the partnership; or

  (ii)   an employee of the partnership;

    to appear before the ACMA at a time and place specified in the notice to give any such evidence, either orally or in writing, and produce any such documents.

  (3)   A carrier or service provider must comply with a requirement under subsection   (2).

  (4)   A notice given to a carrier under this section must set out the effect of the following provisions:

  (a)   subsection   (3);

  (b)   section   68;

  (c)   section   570;

  (d)   Part   1 of Schedule   1;

  (e)   section   525.

  (5)   A notice given to a service provider under this section must set out the effect of the following provisions:

  (a)   subsection   (3);

  (b)   section   101;

  (c)   section   570;

  (d)   Part   1 of Schedule   2;

  (e)   section   525.


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