129Exemptions from requirement to join scheme

#### 129 Exemptions from requirement to join scheme (1) The ACMA may, by writing, declare that a specified carrier or eligible carriage service provider is exempt from the requirement set out in subsection 128(1). The declaration has effect accordingly. > Note: Carriers or providers may be specified by name, by inclusion in a particular class or in any other way. (2) In deciding whether a carrier or provider should be exempt from the requirement set out in subsection 128(1), the ACMA must have regard to the following matters: (a) the extent to which the carrier or provider deals with residential customers in relation to the supply of carriage services; (b) the extent to which the carrier or provider deals with proprietors of small businesses in relation to the supply of carriage services; (c) the potential for complaints under the Telecommunications Industry Ombudsman scheme about services supplied by the carrier or provider; (d) whether the carrier or provider is a statutory infrastructure provider (within the meaning of Part 19 of the Telecommunications Act 1997). (3) Subsection (2) does not, by implication, limit the matters to which the ACMA may have regard. (4) Before making a declaration under this section, the ACMA must consult the Telecommunications Industry Ombudsman. (5) The ACMA must publish a copy of a declaration under this section on the ACMA’s website. (6) A declaration under this section is not a legislative instrument if: (a) the declaration specifies a carrier by name; or (b) the declaration specifies an eligible carriage service provider by name. (7) A declaration under this section is a legislative instrument if: (a) the declaration specifies a class of carriers; or (b) the declaration specifies a class of eligible carriage service providers.