Document ID: chunk:federal_register_of_legislation:F2023L01635:reg:10:p1
Version: federal_register_of_legislation:F2023L01635
Segment Type: reg
Provision Reference: reg 10 (pt 1/2)
Character Range: 4062–6765

10  Remission of late payment penalty
      (1)    Subject to subsection (5), the ACMA may remit the whole or a part of an amount of late payment penalty, on the ACMA's own initiative or on receiving an application under subsection (2).
      (2)    A person may apply to the ACMA for remission of an amount of late payment penalty payable by the person.
      (3)    An application under subsection (2):

         (a)      must be in writing; and

         (b)      must specify the reasons why the applicant failed to pay the annual charge concerned by the due date; and

         (c)      may include any other information that the applicant considers relevant.

      (4)    The ACMA may ask the applicant, in writing, to give it additional information to allow it to make a decision in relation to the application.

           Note: If a person does not provide the additional information, the ACMA may make a decision based on the information available, noting the timeframe within which the ACMA must make the decision (see section 556 of the Act).
      (5)    The ACMA may only remit the whole or a part of an amount of late payment penalty payable by a person if it is satisfied that:

         (a)    the person's failure to pay the annual charge concerned by the due date was because of an act or omission, or other circumstances, beyond the person's control; or

         (b)    recovering the whole or a part of the amount of late payment penalty is impractical; or

         (c)    it is fair and reasonable in the circumstances to do so.
Note: Under section 556 of the Act, the ACMA must make a decision on an application for remission of an amount of late payment penalty within 90 days after receiving the application; or if the ACMA has, within those 90 days, given the applicant a written request for further information about the application, within 90 days after receiving that further information.

      (6)   If the ACMA makes a decision about an application for a remission, it must give the applicant a written notice of its decision, and the reasons for the decision.
Note 1: Under subsection 557(1) of the Act, a written notice of a decision which deals with the remission of late payment penalty must include statements setting out the review rights of the person affected by the decision.
Note 2: The person affected by the decision may, if the person is dissatisfied with the decision, apply to the ACMA for reconsideration of that decision (see sections 555 and 558 of the Act and paragraph 1(d) of Schedule 4 to the Act). If the ACMA affirms or varies the original decision under section 559 of the Act, an application may be made to the Administrative Appeals Tribunal