284Reconsideration of decisions

##### 284 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. | The inclusion, under subsection 258(2), of conditions in a permit | The person who applied for the permit | | 2. | A refusal to issue a permit under section 258 | The person who applied for the permit | | 3. | A decision to vary a permit under section 260 | The holder of the permit | | 4. | A decision not to vary a permit where an application for variation has been made under section 261 | The person who applied for the variation | | 5. | A decision to cancel a permit under section 263 | The holder of the permit | | 6. | The inclusion, under subsection 271(2), of conditions in a cabling licence | The person who applied for the licence | | 7. | A refusal to issue a cabling licence under section 271 | The person who applied for the licence | | 8. | A decision to vary a cabling licence under section 273 | The licensee | | 9. | A decision not to vary a cabling licence where an application for variation has been made under section 274 | The person who applied for the variation | | 10. | A decision to cancel a cabling licence under section 276 | The licensee | | 11. | A decision refusing an application for an order to be made under subsection 281(6) | The person who applied for the order under subsection 281(6) | | 12. | A decision to include a direction under section 282 in an order made under subsection 281(6) | The person who applied for the order under subsection 281(6), or the carrier against whom the order was made | | 13. | A decision not to include a direction under section 282 in an order made under subsection 281(6) | The person who applied for the order 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.