Document ID: chunk:federal_register_of_legislation:C2004A01270:clause:1_58a
Version: federal_register_of_legislation:C2004A01270
Segment Type: clause
Provision Reference: sch 1 cl 58A
Character Range: 5940–7173

58A  Refusal of carrier licence—security

 (1) If the Attorney‑General, after consulting the Prime Minister and the Minister administering this Act, considers that the grant of a carrier licence to a particular person would be prejudicial to security, the Attorney‑General may give a written direction to the ACA not to grant a carrier licence to the person.

 (2) The ACA must comply with a direction under subsection (1).

 (3) While a direction is in force under this section:
 (a) the ACA cannot reconsider a non‑compulsory refusal to grant a carrier licence to the person; and
 (b) the Administrative Appeals Tribunal cannot consider an application for review of a non‑compulsory refusal to grant a carrier licence to the person.

 (4) If an application for a carrier licence is pending at the time when the Attorney‑General gives a direction to the ACA under this section, then the application lapses.

Note: Section 73A provides for refund of the application charge.

 (5) In this section:

non‑compulsory refusal means a refusal to grant a carrier licence, other than a refusal that is required by section 56A or this section.

security has the same meaning as in the Australian Security Intelligence Organisation Act 1979.