26Amendment or replacement of operation plan at ACMA’s direction

26  Amendment or replacement of operation plan at ACMA’s direction

 (1) The ACMA may, in writing, direct a carriage service provider that has an approved operation plan in relation to the supply of an optional service:

 (a) to amend the approved operation plan in a way set out in the direction; or

 (b) to replace the approved operation plan with an operation plan set out in the direction.

 (2) However, the ACMA must not give a direction under subsection (1) unless it is satisfied that the arrangements in the amended operation plan or replacement operation plan will be more effective than the arrangements in the current operation plan in ensuring the outcomes mentioned in subsection 23(2).

 (3) If the carriage service provider gives the ACMA an amended operation plan or replacement operation plan that the provider believes complies with a direction given under subsection (1), the ACMA must decide no later than 60 business days after receiving the plan whether the carriage service provider has complied with the direction.

Note: A carriage service provider is not required to comply with the direction, and may instead decide to cease supplying the optional service.

 (4) If the ACMA is satisfied that the carriage service provider has complied with the direction, the ACMA must approve the amended operation plan or replacement operation plan.

 (5) The ACMA must notify the carriage service provider of its decision in writing.

 (6) If the ACMA does not make a decision within the period required under subsection (3), the ACMA is taken to have made a decision under subsection (4) that the carriage service provider has not complied with the direction.

 (7) The ACMA may ask the carriage service provider, in writing, to give it further information to assist it to consider the amended operation plan or replacement operation plan.

 (8) The 60 business days mentioned in subsection (3) do not include a period:

 (9) If the ACMA gives a carriage service provider a direction under subsection (1), and an amended operation plan or replacement operation plan is not approved at the end of the period of 120 days beginning on the day the direction is given, the current operation plan is taken to no longer be approved.