Document ID: chunk:federal_register_of_legislation:F2023C00550:clause:4_9:p4
Version: federal_register_of_legislation:F2023C00550
Segment Type: clause
Provision Reference: sch 4 cl 9 (pt 4/6)
Character Range: 104644–107647

in accordance with a requirement of RALI MS 47 that relates to a matter specified in clause 4; or
           (b) give permission to operate a radiocommunications transmitter otherwise than in accordance with a requirement of RALI MS 47 that relates to a matter specified in clause 4, subject to one or more conditions specified in the permission; or
           (c) refuse permission.

            Note: See subsection 110A(5) of the Act.

        (9) The ACMA may specify, in the permission, a requirement of RALI MS 47 that relates to a matter specified in clause 4, that is different to the requirements specified in the licensee's application.

        (10) The ACMA must, within 14 days after the decision under subclause (8) is made, give the licensee a written notice of:
           (a) the decision; and
           (b) if the decision is to refuse permission or to give permission subject to a condition:
              (i) the reasons for the decision; and
              (ii) the licensee's right to request a reconsideration of the decision under subclause (11).

       Reconsideration of refusal

        (11) A licensee may apply, in writing, for the ACMA to reconsider a decision to refuse permission, or to give permission subject to a condition, under subclause (8) (original decision).

        (12) An application under subclause (11) must:
           (a) be made in writing; and
           (b) set out the reasons for the application; and
           (c) be given to the ACMA within 30 days after the licensee is notified of the original decision.

        (13) The ACMA must, within 30 days after the application under subclause (11) is received, reconsider the original decision and either:
           (a) affirm the original decision; or
           (b) if the original decision was to refuse permission – revoke the original decision, and either:
              (i) give permission to operate a radiocommunications transmitter otherwise than in accordance with requirements of RALI MS 47 that relates to a matter specified in clause 4; or
              (ii) give permission to operate a radiocommunications transmitter otherwise than in accordance with a requirement of RALI MS 47 that relates to a matter specified in clause 4, subject to a condition specified in the permission; or
           (c) if the original decision was to give permission subject to a condition – revoke the original decision, and either:
              (i) give permission to operate a radiocommunications transmitter otherwise than in accordance with a requirement of RALI MS 47 that relates to a matter specified in clause 5; or
              (ii) give permission to operate a radiocommunications transmitter otherwise than in accordance with a requirement of RALI MS 47 that relates to a matter specified in clause 5, subject to a condition specified in the permission that is different to the condition in the original decision; or
              (iii) refuse permission.

        (14) The ACMA must, within