86Withdrawal of numbers not in use

86  Withdrawal of numbers not in use

 (1) The ACMA may withdraw a number (other than an international signalling point code or a mobile network code) held by a carriage service provider if:

 (a) either:

 (i) the number has been held by the carriage service provider for a period of at least 24 months, and the number has not been in use in that period; or

 (ii) the number has been held by the carriage service provider for a period of less than 24 months, and the ACMA reasonably believes that the number will not be in use before the number has been held for 24 months; and

 (b) the ACMA reasonably believes that the number is additional to those needed by the carriage service provider for its ongoing business needs; and

 (c) the ACMA reasonably believes that the benefits of withdrawing the number, or the problems to be avoided by withdrawing the number, are greater than the costs of withdrawal.

 (2) Before making a decision under subsection (1) to withdraw a number held by a carriage service provider, the ACMA must give the carriage service provider a notice in writing that:

 (a) states that the ACMA proposes withdrawing the number; and

 (b) states the reasons the ACMA proposes withdrawing the number; and

 (c) informs the carriage service provider that it may object, in writing, to the proposed withdrawal of the number in the period of 20 business days after the date of the ACMA’s notice of the proposed withdrawal (the objection period).

 (3) In deciding whether to withdraw the number, the ACMA must consider any objection given to it by the carriage service provider during the objection period.

 (4) The ACMA must make a decision whether to withdraw the number:

 (a) if the ACMA receives an objection during the objection period—within the period of 20 business days after the day the ACMA receives the objection; and

 (b) if the ACMA does not receive an objection during the objection period—within the period of 20 business days after the end of the objection period.

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

 (6) If the ACMA decides to withdraw the number, the notice must set out the reasons for the decision and specify the date on which the number is to be withdrawn.

 (7) If the ACMA does not make a decision within the period required under subsection (4), the ACMA is taken to have made a decision under subsection (1) to withdraw the number.

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

 (9) 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.