38Decision on application

38  Decision on application

 (1) The ACMA may approve an application made by a registered carriage service provider under section 37 if the ACMA is satisfied that it is appropriate to do so in all the circumstances.

 (2) In considering whether it is appropriate in all the circumstances to approve an application, the ACMA must take the following into account:

 (a) whether allocation of the international signalling point code to the registered carriage service provider would be consistent with the requirements of an international agreement that is relevant to the allocation; and

 (b) if the international signalling point code to which the application relates has previously been withdrawn under section 43—whether the allocation of the code will take effect at least 6 months after the withdrawal.

Note: In 2025, ITU‑T Recommendation Q.708 Assignment procedures for international signalling point codes was an example of a relevant international agreement for paragraph (a).

 (3) The ACMA may take into account any other matter that it considers relevant.

 (4) If the ACMA approves an application, the ACMA must allocate the international signalling point code to the registered carriage service provider.

 (5) The ACMA must notify the registered carriage service provider of the international signalling point code that has been allocated and the date of allocation.

 (6) If the ACMA is not the designated authority, the ACMA must notify the designated authority of the allocation of the international signalling point code and the date of allocation.

 (7) If the ACMA decides not to approve the application, the ACMA must notify the registered carriage service provider of its decision.

 (8) Subject to subsection (9), if the ACMA does not inform the applicant of its decision within 60 business days of an application made under section 37, the ACMA is taken to have made a decision under subsection 38(7) to refuse the application.

 (9) The ACMA may seek further information from the applicant about an application made under section 37, and if the ACMA does not inform the applicant of the ACMA’s decision on the application within 60 business days of receiving the further requested information, the ACMA is taken to have made a decision under subsection 38(7) to refuse the application.

Part 2—Mobile network codes