Document ID: chunk:federal_register_of_legislation:F2024C00514:clause:5_44:p1
Version: federal_register_of_legislation:F2024C00514
Segment Type: clause
Provision Reference: sch 5 cl 44 (pt 1/2)
Character Range: 56183–58724

44  Suspending or cancelling permit
Grounds for suspension or cancellation
 (1) This section applies to a permit if the ACMA is satisfied that:
 (a) a person holds the permit; and
 (b) the person has engaged in conduct; and
 (c) the conduct contravenes a condition of the permit.
Suspension of permit
 (2) If this section applies to a permit, the ACMA may, by notice in writing given to the person, suspend the permit for the period specified in the notice.
 (3) The period specified in the notice must not be greater than 3 months.
Cancellation of permit
 (4) If this section applies to a permit, the ACMA may, by notice in writing given to the person, cancel the permit.
 (5) In deciding whether to cancel a permit, the ACMA:
 (a) must have regard to all matters that it considers relevant; and
 (b) without limiting paragraph (a), may have regard to:
 (i) whether or not a civil penalty order in relation to subsection 160(10) of the Act has been made against the person who holds the permit, or an agent of that person;
 (ii) whether or not the person who holds the permit, or an agent of that person, has been convicted of an offence against section 136.1 or 137.1 of the Criminal Code that relates to the Act.
Reasons for suspension or cancellation
 (6) A notice given under subsection (2) or subsection (4) must give the reasons for suspending or cancelling the permit.
Action to be taken before suspending or cancelling permit
 (7) The ACMA must comply with subsections (8) and (9) before suspending or cancelling a permit, unless the ACMA is satisfied that it is necessary to suspend or cancel the permit as a matter of urgency in order to protect the health or safety of a person.
 (8) The ACMA must give the holder of the permit a notice that:
 (a) states the ACMA's intention to suspend or cancel the permit;
 (b) sets out the reason the ACMA intends to suspend or cancel the permit;
 (c) gives the holder of the permit at least 2 weeks, commencing the day after the notice was given to the holder, to make submissions about the suspension or cancellation of the permit.
 (9) The ACMA must have regard to any submissions made in accordance with paragraph (8)(c).
 (10) For the avoidance of doubt, other action taken by the ACMA in relation to a contravention of a condition does not affect whether the ACMA may suspend or cancel a permit under this section.
Note: Under subsection 160(10) of the Act, contravention of a condition of a permit may be subject to a civil penalty.
Review
 (11) If the ACMA makes a decision to suspend