Extension of time for compliance with notice
71 Extension of time for compliance with notice
A person who has been given a notice under section 70 may, within 3 months before the end of the period specified in the notice, apply in writing to the ACMA for an extension of that period.
An application for an extension cannot be made if the period specified in the notice was one month.
The ACMA is not required to grant an extension, but may do so if, in its opinion, 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 notice in writing 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.
In deciding whether to grant an extension to a person, the ACMA is to have regard to:
the endeavours that the applicant made in attempting to comply with the notice; and
the difficulties experienced by the applicant in attempting to comply with the notice; and
the seriousness of the breach that led to the giving of 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.
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