Document ID: chunk:federal_register_of_legislation:F2021L00748:clause:2_14:p1
Version: federal_register_of_legislation:F2021L00748
Segment Type: clause
Provision Reference: sch 2 cl 14 (pt 1/2)
Character Range: 12998–15875

14  Withdrawing accreditation
 (1) This section applies if any of the following kinds of accreditation given to a person is in force:
 (a) General Licensing Accreditation;
 (b) Specific Licensing Accreditation.
 (2) Before withdrawing the accreditation on the basis that the ACMA is satisfied that the accreditation is no longer in accordance with this instrument, the ACMA must have regard to the experience the person has in radiocommunications, in the 2 year period ending on the day before the ACMA withdraws the accreditation, that is relevant to:
 (a) frequency assignment;
 (b) interference assessment.
Note: Section 265 of the Act sets out procedures for withdrawing accreditation. Subsection 265(3) of the Act provides that the ACMA must give due consideration to any representations made by or on behalf of the accredited person on or before a day specified under paragraph 265(1)(b).
 (3) Before withdrawing the accreditation on the basis that the ACMA is satisfied that the person has contravened a condition of the accreditation (relevant condition), the ACMA must have regard to:
 (a) if the accredited person, in the 2 year period ending on the day before the ACMA withdraws the accreditation, has issued a frequency assignment certificate and the relevant condition relates to the issue of that certificate – whether there has been any adverse effect on radiocommunications caused by the operation of a radiocommunications device covered by that certificate;
 (b) if the accredited person, in the 2 year period ending on the day before the ACMA withdraws the accreditation, has issued an interference impact certificate and the relevant condition relates to the issue of that certificate:
 (i) whether there has been any adverse effect on radiocommunications caused by the operation of a radiocommunications transmitter covered by that certificate;
 (ii) whether the radiocommunications transmitter covered by that certificate has caused an unacceptable level of interference for the purposes of section 145 of the Act;
 (iii) whether the person followed any procedures, policies or guides published by the ACMA that were relevant to the issue of the certificate.
Note 1: A radiocommunications transmitter may cause an unacceptable level of interference in accordance with a determination made under subsection 145(4) of the Act even if it has not had an adverse effect on radiocommunications.
Note 2: Subsection 265(3) of the Act provides that the ACMA must give due consideration to any representations made by or on behalf of the accredited person on or before a day specified under paragraph 265(1)(b).
 (4) Subsections (2) and (3) do not prevent the ACMA from having regard to any other matter, including any act or omission of an accredited person that occurred before the start of the period mentioned in subsection (2), or in paragraph (3)(a) or (3)(b).