Document ID: chunk:federal_register_of_legislation:F2023L01648:reg:2:p1
Version: federal_register_of_legislation:F2023L01648
Segment Type: reg
Provision Reference: reg 2 (pt 1/3)
Character Range: 62463–65096

2  Reconsideration and review
 (1) If the ACMA gives written notice to a person about an original decision, the person may request the ACMA to reconsider the original decision.
 (2) A request under subclause (1) must:
 (a) be made in the form approved by the ACMA (if any);
 (b) be made in the method approved by the ACMA (if any);
 (c) be accompanied by the charge (if any) determined under section 60 of the Australian Communications and Media Authority Act 2005 in relation to such an application;
 (d) set out the reasons for the request; and
 (e) be given to the ACMA within 28 days after the person is notified of the original decision.
 (3) The ACMA may:
 (a) approve one or more forms for the purposes of paragraph (2)(a); and
 (b) approve one or more methods for the purposes of paragraph (2)(b).
 (4) The ACMA must, within 20 business days after a request is received under subclause (1), reconsider the original decision and:
 (a) affirm the original decision; or
 (b) if the original decision was made under subclause 1(2) of Schedule 4 – make a fresh decision to assign a different call sign to the person; or
 (c) if the original decision was made under subclause 3(1) of Schedule 4 – make a fresh decision not to cancel the assignment of a call sign; or
 (d) if the original decision was made under subclause 4(2) of Schedule 4 – make a fresh decision to re-assign the call sign; or
 (e) if the original decision was made under paragraph 3(1)(d) of Schedule 5 – make a fresh decision to give the person one of the following:
 (i) an ACMA recognition certificate (Advanced);
 (ii) an ACMA recognition certificate (Foundation);
 (iii) an ACMA recognition certificate (Standard); or
 (f) if the original decision is a complete exemption refusal – make a fresh decision to give the person one of the following:
 (i) written exemption from completing an examination;
 (ii) written exemption from two or fewer components of an examination.
Note: A complete exemption refusal is a decision to refuse to give a person a written exemption from completing an examination, or a decision to give a person a written exemption from completing a component of an examination.
 (5) Each of the following reconsidered decisions is a reviewable decision:
 (a) a decision to affirm an original decision;
 (b) if the original decision was a complete exemption refusal – a reconsidered decision to give the person written exemption from two or fewer components of an examination.
Note: A complete exemption refusal is a decision to refuse to give a person a written exemption from completing an examination, or a decision to give a person a