Document ID: chunk:federal_register_of_legislation:F2024C00514:clause:5_39
Version: federal_register_of_legislation:F2024C00514
Segment Type: clause
Provision Reference: sch 5 cl 39
Character Range: 50587–51938

39  Decision on application
 (1) If a person applies for a permit in accordance with section 38, the ACMA may:
 (a) issue the permit;
 (b) refuse to issue the permit.
 (2) If the ACMA issues the permit, the ACMA must specify in the permit a date on which the permit expires.
 (3) If the ACMA issues the permit, the ACMA must specify in the permit that the permit authorises one or more of the following:
 (a) to cause a radio emission to be made by a device that does not comply with one or more specified standards;
 (b) to possess a device that does not comply with one or more specified standards;
 (c) to supply a device that does not comply with one or more specified standards;
 (d) to supply an unlabelled device.
 (4) If the ACMA issues the permit and the permit authorises an act specified in paragraph (3)(a), (b) or (c), the ACMA must specify one or more standards in the permit.
 (5) If the ACMA refuses to issue the permit, the ACMA must notify the applicant in writing of the refusal and give a statement of reasons for the refusal.
 (6) If the ACMA makes a decision to:
 (a) issue a permit that authorises an act specified in paragraph (3)(a), (b) or (c); but
 (b) the ACMA does not specify each standard specified in the application for the permit;
  the decision is declared to be a decision to which section 285 of the Act applies.