85Non‑payment of annual numbering charge

85  Non‑payment of annual numbering charge

 (1) The ACMA may withdraw a number held by a carriage service provider if:

 (a) annual charge is payable under the Telecommunications (Numbering Charges) Act 1997 by the carriage service provider for any number held by the provider; and

 (b) the charge remains unpaid at least 3 months after the charge became payable; and

 (c) the ACMA is satisfied the carriage service provider is aware of the liability; and

 (d) the ACMA is satisfied the withdrawal of the number will not produce any significant adverse consequences for end‑users.

 (2) Despite subsection (1), the ACMA must not withdraw a number under that subsection if:

 (a) the number is exempt from annual charge under section 22 of the Telecommunications (Numbering Charges) Act 1997 (including under a determination under that section); or

 (b) the rate of annual charge for the number is nil.

 (3) If the ACMA decides to withdraw a number under subsection (1), the ACMA must give written notice of the decision to the carriage service provider.

 (4) The notice must set out the reasons for the decision and specify the date on which the number is to be withdrawn.

 (5) The period between the date of the notice and the date on which the number is to be withdrawn must be at least 20 business days.

 (6) If the ACMA is not the designated authority, then the ACMA must notify the designated authority of a decision to withdraw a number as soon as reasonably practicable after the decision is made.