Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 220

220. (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 refusal, under subsection       The person who applied

             215 (4), to accept an             for the variation

application for the variation
of a class licence
    2.       A decision to vary a class        A carrier who made

             licence under section 217         representations under

section 216 concerning the
application for the variation
    3.       A decision not to vary a class    The person who applied for

             licence under section 217         variation


(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
declaration of statements in applications.

(6) Where a carrier applies for reconsideration of a decision to vary a class
licence under section 217, AUSTEL must send to the person who applied for the
variation:

   (a)  a copy of the carrier's application; and

   (b)  a notice inviting the person to make representations to AUSTEL, within
        21 days after receiving the notice, concerning the reconsideration of
        the decision.

(7) A person who receives such a notice may make representations to AUSTEL,
within 21 days after receiving the notice, concerning reconsideration of the
decision.

(8) AUSTEL must, in reconsidering the decision to vary the licence, give due
consideration to any representations so made.

(9) AUSTEL must reconsider the decision to which the application for
reconsideration 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.

(10) 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.

(11) AUSTEL must not, under subsection (9), vary a decision, or revoke the
decision and substitute a fresh decision, if the decision as varied, or as
substituted, could not have been made under the provision under which the
original decision was made.

(12) AUSTEL must give to the applicant, and (where applicable) to a person who
made representations under subsection (7) concerning the reconsideration:

   (a)  a written notice stating its decision on the reconsideration; and

   (b)  a statement of the reasons for its decision. ''PRE>