Document ID: chunk:federal_register_of_legislation:F2024L00924:reg:4
Version: federal_register_of_legislation:F2024L00924
Segment Type: reg
Provision Reference: reg 4
Character Range: 18634–20516

4  Reconsideration and external review of decisions
 (1) In this clause:
  affected person, in relation to a relevant decision, means:
 (a) in the case of a decision under subclause 2(1) to revoke an instrument made under subclause 1(1) – the person named in the instrument; and
 (b) in the case of a decision under subclause 3(3) not to grant an application under subclause 3(1) – the applicant.
       reconsidered decision means a decision made under subclause (4).

relevant decision means:
 (a) a decision under subclause 2(1) to revoke an instrument made under subclause 1(1); or
 (b) a decision under subclause 3(3) not to grant an application made under subclause 3(1).
 (2) An affected person in relation to a relevant decision may request the ACMA to reconsider the decision.

 (3) A request under subclause (2) must be:
 (a) made in writing; and
 (b) set out the reasons for the request; and
 (c) be given to the ACMA within 30 days after the affected person is notified of the relevant decision.
 (4) The ACMA must, within 90 days after the request is received, reconsider the relevant decision and:
 (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) naming the affected person for the purposes of section 9 and paragraph 11(m).
 (5) The ACMA must, within 14 days after the reconsidered decision is made, give the affected person written notice of:
 (a) the reconsidered decision; and
 (b) if the reconsidered decision affirms the relevant decision:
 (i) the reasons for the reconsidered decision; and
 (ii) the affected person's right to have the reconsidered decision reviewed under subclause (6).
 (6) If the reconsidered decision affirms the relevant decision, the affected person may apply to the AAT for review of the reconsidered decision.