Document ID: chunk:federal_register_of_legislation:F2014L01783:body:0:p3
Version: federal_register_of_legislation:F2014L01783
Segment Type: other
Provision Reference: 
Character Range: 4968–7485

that the ACMA is satisfied that:
 (a) the circumstances that contributed to the delay in payment of the annual charge were not due to an act or omission of the person, and were not caused, directly or indirectly, by an act or omission of the person; and
 (b) the person has taken reasonable action to mitigate the circumstances or their effects.
 (2) A reason for remission is that the ACMA is satisfied that:
 (a) the circumstances that contributed to the delay in payment of the annual charge were due to an act or omission of the person, or were caused, directly or indirectly, by an act or omission of the person;
 (b) the person has taken reasonable action to mitigate the circumstances or their effects; and
 (c) having regard to the nature of the circumstances, it would be fair and reasonable to remit all or part of the amount.
 (3) A reason for remission is that the ACMA is satisfied that it is not reasonably practicable to attempt to recover a late payment penalty.
 (4) A reason for remission is that the ACMA is satisfied that payment of all or part of the amount would cause, or has caused, financial hardship to the person.
 (5) A reason for remission is that the ACMA is satisfied that there are other circumstances by reason of which it would be fair and reasonable to remit all or part of the amount.
11 Notification of decision
  If the ACMA makes a decision on an application for remission, it must:
 (a) tell the applicant, in writing, of its decision; and
 (b) give the applicant a written statement of:
 (i) the reasons for the decision; and
 (ii) if the application is refused, the arrangements under the Act for reviewing the decision.
Note An application may be made to the ACMA for reconsideration of a decision about the remission of the whole or a part of an amount of late payment penalty (see section 555 of the Act and paragraph 1(w) 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 for review of the decision (see section 562 of the Act).
         Part 5 Miscellaneous
12 Judgment for payment of annual charge and interest only
 (1) This section applies if:
 (a) judgment is given by, or entered in, a court for the payment of an annual charge; and
 (b) the judgment carries interest.
 (2) This section does not apply if section 13 applies.
 (3) A late payment penalty is not taken to have ceased to be payable only because of the giving or entering of the