Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 59

Deemed refusal of licence application if no decision by deadline

  (1)   If the ACMA neither grants, nor refuses to grant, a carrier licence before the end of the deadline day worked out under the following subsections, then the ACMA is taken, at the end of that day, to have refused to grant the licence.

Case 1: no section   55 request and no section   56A notice in force

  (2)   If:

  (a)   the ACMA did not give a section   55 request; and

  (b)   there is no section   56A notice in force at the end of the 20th business day after the application day;

then the deadline day is the 20th business day after the application day.

Case 2: no section   55 request but section   56A notice in force

  (3)   If:

  (a)   the ACMA did not give a section   55 request; and

  (b)   there is a section   56A notice in force at the end of the 20th business day after the application day;

then the deadline day is the fifth business day after the section   56A expiration day. For this purpose, the section   56A expiration day is the first day after the end of that 20th business day on which there is no notice in force under section   56A.

Case 3: section   55 request complied with and no section   56A notice in force

  (4)   If:

  (a)   the ACMA gave a section   55 request; and

  (b)   the request was complied with; and

  (c)   there is no section   56A notice in force at the end of the tenth business day after the day on which the request was complied with;

then the deadline day is the tenth business day after the day on which the request was complied with.

Case 4: section   55 request complied with and section   56A notice in force

  (5)   If:

  (a)   the ACMA gave a section   55 request; and

  (b)   the request was complied with; and

  (c)   there is a section   56A notice in force at the end of the tenth business day after the day on which the request was complied with;

then the deadline day is the fifth business day after the section   56A expiration day. For this purpose, the section   56A expiration day is the first day after the end of that tenth business day on which there is no notice in force under section   56A.

Case 5: section   55 request not complied with and no section   56A notice in force

  (6)   If:

  (a)   the ACMA gave a section   55 request; and

  (b)   the request was not complied with; and

  (c)   there is no section   56A notice in force at the end of the tenth business day after the day specified in the section   55 request;

then the deadline day is the tenth business day after the day specified in the section   55 request.

Case 6: section   55 request not complied with and section   56A notice in force

  (7)   If:

  (a)   the ACMA gave a section   55 request; and

  (b)   the request was not complied with; and

  (c)   there is a section   56A notice in force at the end of the tenth business day after the day specified in the section   55 request;

then the deadline day is the fifth business day after the section   56A expiration day. For this purpose, the section   56A expiration day is the first day after the end of that tenth business day on which there is no notice in force under section   56A.

  (8)   In this section:

"application day" means the day on which the ACMA received the licence application.

Note:   Under section   53A, the application is treated as not being received by the ACMA until a copy has been received by the Communications Access Co - ordinator.

"business day" means a day on which the ACMA is open for business in the Australian Capital Territory and in Victoria.

" section 55 request" means a request under section   55 in relation to the licence application.

" section 56A notice" means a notice under subsection   56A(3) or (4) in relation to the licence application.