286Deadlines for reaching certain decisions

#### 286 Deadlines for reaching certain decisions (1) If this Act (other than section 77A) provides for a person to make an application to the ACMA for such a decision, the ACMA must make the decision: (a) within 90 days after receiving the application; or (aa) in the case of an application under section 129 where the ACMA has, within those 90 days, given the applicant a notice under section 129A requiring the applicant to give the ACMA further information in connection with the application—within 90 days after receiving that further information; or (b) in the case of an application not made under section 129 where the ACMA has, within those 90 days, given the applicant a written request for further information about the application—within 90 days after receiving that further information. (2) The ACMA is taken, for the purposes of this Part, to have made a decision to refuse the application mentioned in subsection (1) if it has not informed the applicant of its decision before the end of the relevant period of 90 days. (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. Interaction with acquisitions provisions of the Competition and Consumer Act 2010 (9) For the purposes of applying this section in relation to an application to transfer an apparatus licence, a day is not counted if: (a) the transfer is a notified acquisition (within the meaning of the Competition and Consumer Act 2010); and (b) the day occurs on or after the effective notification date (within the meaning of that Act) of the latest notification of the acquisition; and (c) on that day: (i) the notification has not been finally considered (within the meaning of that Act); and (ii) the Commission has not decided to cease considering the latest notification of the acquisition under section 51ABZD of that Act.