Document ID: chunk:federal_register_of_legislation:F2023L01648:reg:5
Version: federal_register_of_legislation:F2023L01648
Segment Type: reg
Provision Reference: reg 5
Character Range: 48394–50098

5  Replacing a call sign in exceptional circumstances
 (1) Despite anything else in this Schedule, if:
 (a) a call sign (original call sign) has been assigned to a person (affected person); and
 (b) the ACMA is satisfied, having regard to the matters set out in subclause (3), that exceptional circumstances exist that justify assigning a different call sign to the person;
  then:
 (c) the ACMA may cancel the assignment of the original call sign; and
 (d) if the ACMA cancels the assignment of the original call sign, the ACMA must assign a new call sign (replacement call sign) to the affected person under subclause 1(1); and
 (e) the ACMA must notify the affected person, in writing, that the assignment of the original call sign has been cancelled and the replacement call sign has been assigned to the affected person; and
 (f) subclauses 1(5) and (6) apply in relation to the assignment of the replacement call sign.
Note: Schedule 6 does not apply to a decision to cancel the assignment of the original call sign under subclause (1).
 (2) For the avoidance of doubt, the ACMA may exercise its powers and perform its functions under subclause (1) whether or not any person has requested the ACMA to do so.
 (3) For the purposes of paragraph (1)(b), the matters are:
 (a) any representations made by the affected person in relation to the person's privacy or welfare, and the effect of the original call sign on the person's privacy or welfare; and
 (b) whether the ACMA had regard to any policies published on its website that relate to the assignment of a call sign before assigning the original call sign; and
 (c) any other matter the ACMA considers relevant.

Part 2 Transitional provisions