41Decision on variation

41 Decision on variation

(1) If the ACMA considers that the application (including an application for approval of the variation of an approved implementation plan, mentioned in subsection 40 (2)) is suitable for approval, the ACMA must, in writing:

(2) If the ACMA considers that the application is not suitable for approval:

(a) the ACMA must, in writing:

(i) refuse to approve the application; and

(ii) tell the holder of the decision as soon as practicable after refusing to approve the application; and

(b) if the application was made under subsection 38A (1) or (2) — the holder must make a new application under the relevant subsection within 30 days of being told of the refusal or within such longer period as is notified in writing by the ACMA.

Note A decision refusing to approve the application is reviewable by the AAT: see Act, Schedule 4, clause 62.