Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 115

115. (1) An application may be made to AUSTEL for reconsideration of a
decision described in Column 1 of the following table:
TABLE
    Item No.  Column 1                           Column 2

              Decision                           Applicant

    1.        A decision not to give an          The person who applied for

              authorisation under section 108    the authorisation

    2.        The inclusion, under subsection    The person who applied for

              109 (1) or (2), of terms           the authorisation

and conditions in an authorisation
    3.        The specifying, under subsection   The person who applied for

110 (1), of a period for which, or authorisation
an event until the happening of
which, an authorisation has effect
authorisation has effect
    4.        A decision not to vary an          The person who applied for

              authorisation under subsection     variation

the 112 (1)
    5.        A decision to revoke an            The person to whom the

authorisation under paragraph 113 authorisation was given

(1) (b)

(2) An application for reconsideration of a decision described in Column 1 of
an item in the table in subsection (1) may be made by a person described in
Column 2 of the same item (in this section called ``the applicant").

(3) An application must be made within:

   (a)  21 days after the applicant is informed of the decision concerned; or

   (b)  if, as a result of a request made by the applicant within 21 days
        after being informed of the decision, AUSTEL extends the period within
        which an application for reconsideration of the decision may be made -
        the extended period granted by AUSTEL for making the application.

(4) An application must be in the form approved by AUSTEL.

(5) The approved form of application may provide for verification by statutory
declarations of statements in applications.

(6) Where an application for reconsideration is made, AUSTEL must reconsider
the decision to which the application relates and may:

   (a)  affirm the decision; or

   (b)  (where applicable) vary the decision; or

   (c)  revoke the decision; or

   (d)  (where applicable) revoke the decision and substitute a fresh
        decision.

(7) AUSTEL's decision on reconsideration of a decision has effect as if it had
been made under the provision under which the original decision was made.

(8) AUSTEL must not, under subsection (6), vary the decision, or revoke the
decision and substitute a fresh decision, in such a way that the decision as
varied, or as substituted, could not have been made under the provision under
which the original decision was made.

(9) AUSTEL must give to the applicant a notice stating its decision on the
reconsideration, together with a statement of its reasons for its decision.
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