Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 284

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

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

258 (2), of conditions in a permit the permit
 2.      A refusal to issue a permit under   The person who applied for

         section 258                         the permit

 3.      A decision to vary a permit under   The holder of the permit

section 260
 4.      A decision not to vary a permit     The person who applied for

         where an application for            the variation

variation has been made under
section 261
 5.      A decision to cancel a permit       The holder of the permit

under section 263
 6.      The inclusion, under subsection     The person who applied for

         271 (2), of conditions in a         licence

cabling licence
 7.      A refusal to issue a cabling        The person who applied for

         licence under section 271           the licence

 8.      A decision to vary a cabling        The licensee

licence under section 273
 9.      A decision not to vary a cabling    The person who applied for

         licence where an application for    the variation

variation has been made under
section 274
10.      A decision to cancel a cabling      The licensee

licence under section 276
11.      A decision refusing an              The person who applied for

application for an order to be made the order under subsection
         under subsection 281 (6)            under subsection 281 (6)

12.      A decision to include a             The person who applied for the

         direction under section 282 in an   order under subsection 281 (6),

order made under subsection 281 (6) or the carrier against whom
the order was made
13.      A decision not to include a         The person who applied for

         direction under section 282 in an   under subsection 281 (6)

order made under subsection 281 (6)

(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 a carrier applies for reconsideration of a decision to include a
direction under section 282 in an order made under subsection 281 (6), AUSTEL
must send to the person who applied for the order under subsection 281 (6):

   (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) Where a person (other than a carrier) applies for reconsideration of a
decision:

   (a)  to include a direction under section 282; or

   (b)  not to include such a direction; in an order under subsection 281 (6),
        AUSTEL must send to the carrier against whom the order under
        subsection 281 (6) was made:

   (c)  a copy of the person's application for reconsideration of the
        decision; and

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

(8) A person who receives such a notice under subsection (6) or (7) may make
representations to AUSTEL, within 21 days after receiving the notice,
concerning reconsideration of the decision concerned.

(9) AUSTEL must, in reconsidering the decision concerned, give due
consideration to any representations so made.

(10) 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.

(11) 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.

(12) AUSTEL must not, under subsection (10), 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.

(13) 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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