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Telecommunications (Consumer Protection and Service Standards) Act 1999
151NReferral of matters to the ACMA for investigation
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#### 151N Referral of matters to the ACMA for investigation
(1) The Custodian may, in writing, refer a matter to the ACMA for investigation under Part 26 of the Telecommunications Act 1997 if:
(a) the matter relates to an emergency call service; and
(b) the matter relates to the performance of the ACMA’s telecommunications functions or the exercise of the ACMA’s telecommunications powers.
> Note: The ACMA may, on its own initiative, decide to investigate such a matter under Part 26 of the Telecommunications Act 1997 (see paragraphs 508(f) and 510(1)(c) of that Act).
(2) As part of the referral, the Custodian may disclose to the ACMA any relevant ECS information.
> Note: This subsection constitutes an authorisation for the purposes of Part 13 of the Telecommunications Act 1997, the Privacy Act 1988 and other laws (including the common law).
(3) The ACMA must decide, in writing, whether or not it will investigate the matter.
(4) The decision must:
(a) be made within 30 days of receiving the referral; and
(b) be given to the Minister and the Custodian.
(5) If the ACMA decides to investigate the matter, paragraph 510(1)(c) of the Telecommunications Act 1997 is taken to apply to the investigation.
> Note: The matter will be a matter covered by paragraph 508(f) of the Telecommunications Act 1997 (because of paragraph (1)(b) of this section), and the ACMA will investigate the matter, under paragraph 510(1)(c) of that Act, as a matter that the ACMA thinks that it is desirable to investigate (because of this subsection).