115Reconsideration of decisions

##### 115 Reconsideration of decisions (1) An application may be made to AUSTEL for reconsideration of a decision described in Column 1 of the following table: TABLE | ItemNo. | Column 1Decision | Column 2Applicant | | ------- | ------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------------- | | 1. | A decision not to give an authorisation under section 108 | The person who applied for the authorisation | | 2. | The inclusion, under subsection 109(1) or (2), of terms and conditions in an authorisation | The person who applied for the authorisation | | 3. | The specifying, under subsection 110(1), of a period for which, or an event until the happening of which, an authorisation has effect | The person who applied for the authorisation | | 4. | A decision not to vary an authorisation under subsection 112(1) | The person who applied for the variation | | 5. | A decision to revoke an authorisation under paragraph 113(1)(b) | The person to whom the authorisation was given | (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.