39Voluntary removal of authorised research entities

39 Voluntary removal of authorised research entities

(1) If an authorised research entity requests the ACMA in writing to remove the entity from a research authorisation, the ACMA may remove the entity from the authorisation.

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

(2) Without limiting the matters the ACMA may have regard to in deciding whether to remove the entity, the ACMA may have regard to whether the entity has received a notice under subsection 38(3) while the authorisation has been in effect. (3) If the ACMA removes the entity, the ACMA must, as soon as reasonably practicable, give written notice of the removal to the following: (a) the entity; (b) any other authorised research entity covered by the authorisation; (c) Telstra. (4) If the ACMA does not remove the entity, the ACMA must, as soon as reasonably practicable, give written notice to the entity stating: (a) that the entity has not been removed from the authorisation; and (b) the reasons for not removing the entity; and (c) that the entity, and any other person affected by the decision, may request the ACMA to reconsider the decision under section 42.