Document ID: chunk:federal_register_of_legislation:F2024C00514:clause:5_42
Version: federal_register_of_legislation:F2024C00514
Segment Type: clause
Provision Reference: sch 5 cl 42
Character Range: 52887–54866

42  Varying permit
Changes to conditions
 (1) The ACMA may vary a permit by:
 (a) amending a condition included in a permit;
 (b) including a new condition in a permit;
 (c) revoking a condition in a permit.
 (2) If the ACMA varies a permit under subsection (1), the ACMA must:
 (a) notify the holder of the permit in writing and provide reasons for the variation; and
 (b) provide the holder with a replacement permit.
 (3) If, otherwise than in response to an application made under subsection 43(1), the ACMA makes a decision to vary a permit under subsection (2), the decision is declared to be a decision to which section 285 of the Act applies.
Changes to specified standards
 (4) Except in relation to a permit that only authorises an act specified in paragraph 39(3)(d), the ACMA may vary a permit by:
 (a) specifying a new standard in the permit;
 (b) removing a standard specified in the permit;
  so long as the permit always specifies at least one standard.
 (5) If the ACMA varies a permit under subsection (4), the ACMA must:
 (a) notify the holder of the permit in writing and provide reasons for the variation; and
 (b) provide the holder with a replacement permit.
 (6) If, otherwise than in response to an application made under subsection 43(1), the ACMA makes a decision to vary a permit under subsection (4), the decision is declared to be a decision to which section 285 of the Act applies.
Change to duration
 (7) The ACMA may vary a permit by omitting the specified date for the expiry of the permit, and specifying a later date.
 (8) If the ACMA varies a permit under subsection (7), the ACMA must:
 (a) notify the holder of the permit in writing and provide reasons for the variation; and
 (b) provide the holder with a replacement permit.
Application of section
 (9) Subsections (1) to (6) apply regardless of whether a person has applied under subsection 43(1).
 (10) Subsections (7) to (8) only apply if a person has applied under subsection 43(1).