Document ID: chunk:federal_register_of_legislation:F2024C00514:clause:5_43
Version: federal_register_of_legislation:F2024C00514
Segment Type: clause
Provision Reference: sch 5 cl 43
Character Range: 54866–56183

43  Applying for variation
 (1) A person may apply, in writing, for the ACMA to vary a permit (variation application).
 (2) A variation application must be:
 (a) in the form approved by the ACMA (if any);
 (b) made in the manner approved by the ACMA (if any);
 (c) accompanied by the variation charge (if any).
 (3) The ACMA may approve more than one form, and more than one manner, for the purposes of subsection (2).
 (4) The variation application must specify:
 (a) the permit to be varied; and
 (b) the manner in which the permit would be varied.
 (5) If a person makes a variation application, the ACMA may:
 (a) in accordance with section 42, vary the permit in the manner specified in the application;
 (b) in accordance with section 42, vary the permit in a manner otherwise than as specified in the application;
 (c) refuse to vary the permit.
 (6) If the ACMA refuses to vary the permit, the ACMA must notify the applicant in writing of the refusal and provide reasons for the refusal.
 (7) If:
 (a) a person makes a variation application; and
 (b) the ACMA makes a decision to refuse to vary the permit, or makes a decision to vary the permit in a manner otherwise than as specified in the application;
  the decision in paragraph (b) is declared to be a decision to which section 285 of the Act applies.