Document ID: chunk:federal_register_of_legislation:C2006A00129:clause:1_61azf
Version: federal_register_of_legislation:C2006A00129
Segment Type: clause
Provision Reference: sch 1 cl 61AZF
Character Range: 64194–66397

61AZF  Reconsideration of decisions

Applications for reconsideration of decisions

 (1) A person:
 (a) whose interests are affected by a decision under subsection 61AZE(1); and
 (b) who is dissatisfied with the decision;
may apply to the ACMA for the ACMA to reconsider the decision.

 (2) The application must:
 (a) be in a form approved in writing by the ACMA; and
 (b) set out the reasons for the application.

 (3) The application must be made within 7 days after the taking of the action required by subsection 61AZE(2), (3), (4) or (5) to give effect to the decision.

 (4) An approved form of an application may provide for verification by statutory declaration of statements in applications.

Reconsideration of decisions—application

 (5) Upon receiving an application under subsection (1), the ACMA must:
 (a) reconsider the decision; and
 (b) affirm or revoke the decision.

 (6) The ACMA's decision on reconsideration of a decision has effect as if it had been made under subsection 61AZE(1).

 (7) The ACMA must give to the applicant a notice stating its decision on the reconsideration.

ACMA may request additional information

 (8) If:
 (a) an application is made under subsection (1); and
 (b) the ACMA considers that additional information is required before the ACMA can make a decision under subsection (5);
the ACMA may, within 14 days after receiving the application, by written notice given to:
 (c) the applicant; or
 (d) any other person;
request the applicant or other person to provide that information.

 (9) If the ACMA does not, within 28 days after:
 (a) receiving an application under subsection (1); or
 (b) if the ACMA has requested further information—receiving that further information;
make a decision under subsection (5), the ACMA is taken to have made a decision under subsection (5) at the end of that 28-day period affirming the original decision.

Reconsideration of decisions—ACMA's own initiative

 (10) The ACMA may, at any time:
 (a) reconsider a decision made under subsection 61AZE(1); and
 (b) affirm or revoke the decision.

 (11) The ACMA's decision on reconsideration of a decision has effect as if it had been made under subsection 61AZE(1).