Document ID: chunk:federal_register_of_legislation:F2023C00852:reg:11:p1
Version: federal_register_of_legislation:F2023C00852
Segment Type: reg
Provision Reference: reg 11 (pt 1/3)
Character Range: 16742–19639

11    Wanneroo, Western Australia  BV1L4, BV1L7

            Note: Column 1 is included for information only.

       2  Application for notifiable instrument to be made

        (1) A person may apply, in writing, for the ACMA to make an instrument under subclause 1(1) in relation to an area specified in the application.

        (2) An application under subclause (1) must be:
          (a) in a form approved by the ACMA (if any); and
          (b) made in a manner approved by the ACMA (if any).

        (3) If a person makes an application under subclause (1), the ACMA must decide whether to grant the application within 90 days after the application is made, or such longer period as agreed between the ACMA and the applicant.

        (4) The ACMA must, within 14 days after the decision under subclause (3) is made, give the applicant a written notice of:
          (a) the decision; and
          (b) if the decision is not to grant the application – the reasons for the decision and the applicant's right to request a reconsideration of the decision under clause 3.

        (5) If the decision is to grant the application, the ACMA must, within 14 days after the decision is made, make an instrument under subclause 1(1) designating the area specified in the application.

       3  Reconsideration and external review

        (1) If the ACMA refuses to grant an application made under subclause 2(1), the applicant may, within 30 days after being notified under paragraph 2(4)(b), request the ACMA to reconsider the decision.

        (2) A request under subclause (1) must:
          (a) be made in writing; and
          (b) set out the reasons for the request.

        (3) The ACMA must, within 90 days after the request is received, reconsider the relevant decision and either:
          (a) affirm the decision; or
          (b) make a fresh decision to the effect that the ACMA must, within 14 days after the decision is made, make an instrument under subclause 1(1) designating the area specified in the application.

        (4) The ACMA must, within 14 days after affirming the decision or making a fresh decision under subclause (3), give the applicant a written notice of:
          (a) whether the ACMA has affirmed the decision or made a fresh decision; and
          (b) if the ACMA affirms the decision – the reasons for affirming the decision and the applicant's right to have the affirmation of the decision reviewed under subclause (5).

        (5) If the ACMA affirms the decision under subclause (3), the applicant may apply to the AAT for review of the decision to refuse to grant the application.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation