Document ID: chunk:federal_register_of_legislation:F2024L00924:reg:2
Version: federal_register_of_legislation:F2024L00924
Segment Type: reg
Provision Reference: reg 2
Character Range: 15570–17507

2  ACMA may revoke notifiable instrument
 (1) The ACMA may, by notifiable instrument, revoke an instrument made under subclause 1(1).

Note: See subsection 302(5) of the Act.
 (2) Without limiting subclause (1), the ACMA must, by notifiable instrument, revoke an instrument made under subclause 1(1) if the ACMA is satisfied that:
 (a) the instrument is not, or has ceased to be, in the public interest; or
 (b) the instrument is not, or has ceased to be, consistent with legislative rules made for the purposes of paragraph 302(4)(b) of the Act.
 (3) Without limiting subclause (2), the ACMA may be satisfied that the instrument is not, or has ceased to be, in the public interest, if the person named in the instrument has contravened a condition of an exemption under any item of the table, other than the condition in section 9.

Note: Sections 8 to 14 specify the conditions.
 (4) Before revoking an instrument made under subclause 1(1), the ACMA must:
 (a) give the person named in the instrument a written notice:
 (i) stating that the ACMA proposes to revoke the instrument and the reasons why the ACMA is proposing to revoke the instrument; and
 (ii) inviting the person to make a submission to the ACMA as to why the ACMA should not revoke the instrument; and
 (iii) specifying a period, of not less than 7 days, within which the submission may be made; and
 (b) consider any submission made by the person within the period referred to in subparagraph (a)(iii).
 (5) Subclause (4) does not apply if the ACMA is satisfied that it would not be in the public interest to comply with that subclause.

 (6) If the ACMA decides to revoke an instrument made under subclause 1(1), the ACMA must, before the revocation takes effect, give the person named in the instrument a written notice of:
 (a) the decision and the reasons for the decision; and
 (b) the person's right to request a reconsideration of the decision under clause 4.