Document ID: chunk:federal_register_of_legislation:F2023L01140:reg:7:p16
Version: federal_register_of_legislation:F2023L01140
Segment Type: reg
Provision Reference: reg 7 (pt 16/22)
Character Range: 48025–50919

and who are likely to be affected by the exemption, of the following matters:
 (a) that the provider has been granted a temporary exemption from the performance standards by ACMA;
 (b) a summary of the performance standards;
 (c) the protection and rights of a customer that would be foregone if the customer entered into a contract for the supply of a CSG service with the provider;
 (d) the period for which the exemption has been granted;
 (e) the geographic area to which the exemption applies;
 (f) how a customer (including a prospective customer) can get more information about a temporary exemption and its effect on the protection and rights of a customer.
 (9) For subsection (8), the notification must:
 (a) be given to a customer by the provider before the customer enters into a contract with the provider for the supply of a CSG service; and
 (b) be included in the contract for supply of a CSG service; and
 (c) be made available on the Internet; and
 (d) be made available to any person on request.
 (10) ACMA may, on application by or on behalf of a carriage service provider, renew a temporary exemption for a further period of up to 5 years.
 (11) This section applies to an application to renew a temporary exemption in the same way that it applies to an application for a temporary exemption.

       Reconsideration of refusal

       (12) A carriage service provider may apply, in writing, for the ACMA to reconsider a decision to refuse to grant an exemption under subsection (1) or to refuse to renew an exemption under subsection (10) (original decision).

        (13) An application under subsection (12) must:
          (a)           be made in writing; and
          (b)           set out the reasons for the application; and
          (c)           be given to the ACMA within 30 days after the carriage service provider is notified of the original decision.

       (14) The ACMA must, within 90 days after the application under subsection (12) is received, reconsider the original decision and either:
          (a) affirm the original decision; or
          (b) revoke the original decision, and grant the exemption or renew the exemption.

       (15) The ACMA must, within 14 days after the decision under subsection (14) is made, give the carriage service provider a written notice of:
          (a)           the decision; and
          (b)           if the decision is to affirm the original decision:
              (i)            the reasons for that decision; and
              (ii)            the carriage service provider's right to have that decision reviewed under subsection (16).

       Review

       (16) If a decision under subsection (14) is to affirm the original decision, the carriage service provider may apply to the Administrative Appeals Tribunal for review of that decision.

Part 4—Damages
Note   Section 117 of the Act provides that