Part 6Miscellaneous

Part 6 — Miscellaneous

40 Engaging with affected participating persons before deciding whether to make a declaration

(1) The ACMA must comply with this section before the ACMA decides whether to make a declaration under this determination. (2) Before deciding whether to make a declaration under this determination, the ACMA must: (a) give to each participating person to which the declaration would apply a notice that: (i) informs the person that the ACMA proposes to make the declaration; and (ii) invites the person to make written submissions to the ACMA about the proposal within a specified period that is at least 14 days after the date of the notice; and (b) consider any submissions received within the period specified in the notice. (3) If the ACMA decides to make the declaration, the ACMA must give to each participating person mentioned in paragraph (2)(a) the following: (a) a written notice of the decision, which includes a statement to the effect that if the person is adversely affected by the decision, the person may, subject to the Administrative Review Tribunal Act 2024: (i) make an application to the Administrative Review Tribunal for review of the decision; and (ii) request a statement of reasons for the decision under that Act; (b) a copy of the declaration. (4) If the ACMA decides not to make the declaration, the ACMA must give to each participating person mentioned in paragraph (2)(a) a written notice of the decision, which includes a statement to the effect that if the person is adversely affected by the decision, the person may, subject to the Administrative Review Tribunal Act 2024: (a) make an application to the Administrative Review Tribunal for review of the decision; and (b) request a statement of reasons for the decision under that Act. (5) Before deciding whether to make a declaration under this determination, the ACMA may: (a) consult any other persons, being persons to which the declaration would not apply, about the ACMA’s proposal to make the declaration; and (b) do so in such a manner as it sees fit.

Note: In consulting any other persons under subsection (5), the ACMA may but is not required to give those persons an opportunity to make written submissions about the proposal or a notice of the decision made.

(6) A declaration that is made without complying with this section has no effect.

41 Review of decisions

A person who is adversely affected by:

a decision under subparagraph 14(3)(b)(ii); or a decision to make or not to make a declaration under this determination;

may, subject to the Administrative Review Tribunal Act 2024, make an application to the Administrative Review Tribunal for review of the decision.

42 Period for lodging eligible revenue return