Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 (151 of 2020)

Schedule 3   Licences etc.

Part 1   Amendment of the Radiocommunications Act 1992

Radiocommunications Act 1992

107   At the end of section 286

Add:

(3) If a renewal decision-making period statement is included in a spectrum licence, the ACMA must make a decision under section 77C in response to an application for the renewal of the spectrum licence:

(a) before the end of the renewal decision-making period specified in the statement; or

(b) if the ACMA has, within that period, given the applicant a notice under section 77B requiring the applicant to give the ACMA further information in connection with the application - within that period, as extended by one day for each day in the period:

(i) beginning when the notice was given; and

(ii) ending when that further information was received.

(4) The ACMA is taken, for the purposes of this Part, to have made a decision to refuse the application mentioned in subsection (3) if the ACMA has not informed the applicant of its decision before the end of the period within which the ACMA was required, under that subsection, to make the decision.

(5) If subsection (4) applies, the ACMA must:

(a) prepare a written statement explaining why it was unable to make its decision before the end of the period within which the ACMA was required, under subsection (3), to make the decision; and

(b) give the statement to the applicant as soon as practicable after the end of that period.

(6) If a renewal decision-making period statement is not included in a spectrum licence, the ACMA must make a decision under section 77C in response to an application for the renewal of the spectrum licence:

(a) within 6 months after receiving the application; or

(b) if the ACMA has, within that 6 months, given the applicant a notice under section 77B requiring the applicant to give the ACMA further information in connection with the application - within 6 months after receiving that further information.

(7) The ACMA is taken, for the purposes of this Part, to have made a decision to refuse the application mentioned in subsection (6) if the ACMA has not informed the applicant of its decision before the end of the relevant period of 6 months.

(8) If subsection (7) applies, the ACMA must:

(a) prepare a written statement explaining why it was unable to make its decision before the end of the relevant period of 6 months; and

(b) give the statement to the applicant as soon as practicable after the end of the relevant period of 6 months.