Extension of time for compliance with prior approval notice
61AK Extension of time for compliance with prior approval notice
A person who has been given a notice under section 61AJ may, within 3 months before the end of the period specified in the notice but not less than one month before the end of that period, apply in writing to the ACMA for an extension of that period.
The ACMA may grant an extension if it is of the opinion that an extension is appropriate in all the circumstances.
If the ACMA considers that additional information is required before the ACMA can make a decision on an application, the ACMA may, by written notice given to the applicant within 30 days after receiving the application, request the applicant to provide that information.
The ACMA must not grant more than one extension, and the period of any extension must not exceed:
the period originally specified in the notice; or
one year;
whichever is the lesser period.
In deciding whether to grant an extension to an applicant, the ACMA is to have regard to:
the endeavours that the applicant made in attempting to comply with the notice; and
the difficulties that the applicant experienced in attempting to comply with the notice;
but the ACMA must not have regard to any financial disadvantage that compliance with the notice may cause.
If the ACMA does not, within 45 days after:
receiving the application; or
if the ACMA has requested further information—receiving that further information;
extend the period or refuse to extend the period originally specified in the notice, the ACMA is to be taken to have extended that period by:
the period originally specified in the notice; or
one year;
whichever is the lesser period.
If the ACMA refuses to approve an application made under subsection (1), the ACMA must give written notice of the refusal to the applicant.
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