Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The ACMA may, by written instrument, make rules for and in relation to requiring one or more specified carriers or one or more specified carriage service providers to keep and retain records. Rules under this subsection are to be known as record - keeping rules .
Note: Carriers and carriage service providers may be specified by name, by inclusion in a specified class or in any other way.
(2) The rules may specify the manner and form in which the records are to be kept.
(2A) The rules may also require those carriers or carriage service providers to prepare reports consisting of information contained in those records.
(2B) The rules may also require those carriers or carriage service providers to give any or all of the reports to the ACMA.
(2C) The rules may specify the manner and form in which reports are to be prepared.
(2D) The rules may provide for:
(a) the preparation of reports as and when required by the ACMA; or
(b) the preparation of periodic reports relating to such regular intervals as are specified in the rules.
(2E) The rules may require or permit a report prepared in accordance with the rules to be given to the ACMA, in accordance with specified software requirements and specified authentication requirements:
(a) on a specified kind of data processing device; or
(b) by way of a specified kind of electronic transmission.
(2F) Subsections (2) to (2E) do not limit subsection (1).
(3) If the rules apply to a particular carrier or carriage service provider, the ACMA must give the carrier or provider a copy of the rules.
(4) The ACMA must not exercise its powers under this section so as to require the keeping or retention of records unless the records contain, or will contain, information that is relevant to:
(a) the performance by the ACMA of any of the ACMA's telecommunications functions; or
(b) the exercise by the ACMA of any of the ACMA's telecommunications powers.
Note: Under section 521, the ACMA may require a carrier or carriage service provider to produce a document (including a record kept in accordance with the record - keeping rules).
(5) This section does not limit section 521 (which is
about the general information - gathering powers of the ACMA).