220Reconsideration of decisions

##### 220 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 refusal, under subsection 215(4), to accept an application for the variation of a class licence | The person who applied for the variation | | 2. | A decision to vary a class licence under section 217 | A carrier who made representations under section 216 concerning the application for the variation | | 3. | A decision not to vary a class licence under section 217 | The person who applied for the 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.