Document ID: chunk:federal_register_of_legislation:F2024C00958:reg:38
Version: federal_register_of_legislation:F2024C00958
Segment Type: reg
Provision Reference: reg 38
Character Range: 46222–48192

38  Removal of authorised research entities—contravention of research authorisation
 (1) The ACMA may, in accordance with this section, remove an authorised research entity from a research authorisation if the ACMA is satisfied that a condition of any research authorisation that covers the entity has been contravened.
Note: The entity removed, or any other person who is affected by the decision, may request the ACMA to reconsider its decision (see section 42).

Consultation
 (2) Before removing the entity, the ACMA may consult any person or body the ACMA considers appropriate.

Notice to entity of removal
 (3) Before removing the entity, the ACMA must:
 (a) give written notice to the entity:
 (i) stating that the ACMA proposes to remove the entity from the authorisation; and
 (ii) inviting the entity to make a submission to the ACMA about the removal within a period specified in the notice; and
 (b) consider any submission received within the specified period.
 (4) The specified period must not be shorter than 30 days after the notice is given.

Notice of removal
 (5) As soon as reasonably practicable after the ACMA removes the entity, the ACMA must give written notice to the entity stating:
 (a) that the entity has been removed from the authorisation; and
 (b) the reasons for the entity's removal; and
 (c) that the entity, and any other person affected by the decision, may request the ACMA to reconsider the decision under section 42.
 (6) As soon as reasonably practicable after the ACMA removes the entity, the ACMA must give written notice of the removal to:
 (a) any other authorised research entity covered by the authorisation; and
 (b) Telstra.

Further application for authorisation after removal
 (7) If the ACMA removes an authorised research entity from a research authorisation, an application for a further research authorisation covering the entity cannot be made until after the end of the first‑mentioned research authorisation.