21Research authorisations

21 Research authorisations

Grant of research authorisation (1) On an application for a research authorisation in accordance with section 18, the ACMA must grant the authorisation if the ACMA is reasonably satisfied that: (a) the kind or kinds of research proposed to be covered by the authorisation is permitted research; and (b) each research entity will comply with the conditions of the authorisation (including any additional conditions specified by the ACMA under subsection 22(4)); and (c) sections 40 and 41 will be complied with by each research entity if the authorisation ends or the entity is removed from the authorisation.

Note: If the ACMA decides not to grant the authorisation, a research entity, or any other person affected by the decision, may request the ACMA to reconsider its decision (see section 42).

Matters to consider in granting research authorisation (2) In determining whether a research entity will comply with the conditions of the authorisation, the ACMA must have regard to the following: (a) the practices, procedures, processes and systems the entity has in place, or intends to put in place, to comply with the conditions of the authorisation; (b) if the entity has previously been covered by a research authorisation—the extent to which the entity has complied with, or is complying with, the conditions of that authorisation; (c) if the entity has been granted an IPND Scheme authorisation—the extent to which the entity has complied with, or is complying with, the conditions of that authorisation; (d) the extent to which the entity’s collection, use and disclosure of personal information has complied with, or is consistent with, the Privacy Act 1988 (whether or not that Act applies to the entity). (3) In determining whether paragraph (1)(c) is satisfied, if the research entity has previously been covered by a research authorisation, the ACMA must have regard to the extent to which the entity complied with section 40 or 41 after that authorisation ended or the entity was removed from that authorisation. (4) Subsections (2) and (3) do not limit the matters that the ACMA may have regard to. Deemed refusal to grant research authorisation (5) For the purposes of Subdivision F (review of decisions), if the ACMA does not make a decision on the application under subsection (1) within the period covered by subsection (6), the ACMA is taken to have decided not to grant the authorisation. (6) The period covered by this subsection is the period that ends at the later of: (a) 90 days after receiving the application; or (b) if the ACMA has, within those 90 days, given any research entity a written request for further information under subsection 19(1)—90 days after the end of the period for compliance with the last request made under that subsection.