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COMMONWEALTHAct
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s 58A

Refusal of carrier licence—security

In force
Volume 1s 1-310
Part 3Carriers
Division 3Carrier licences

58A Refusal of carrier licence—security

(1)

If the Home Affairs Minister, after consulting the Prime Minister and the Minister administering this Act, considers that the grant of a carrier licence to a particular person would be prejudicial to security, the Home Affairs Minister may give a written direction to the ACMA not to grant a carrier licence to the person.

(2)

The ACMA must comply with a direction under subsection (1).

(3)

While a direction is in force under this section:

(a)

the ACMA cannot reconsider a non‑compulsory refusal to grant a carrier licence to the person; and

(b)

the Administrative Review Tribunal cannot consider an application for review of a non‑compulsory refusal to grant a carrier licence to the person.

(4)

If an application for a carrier licence is pending at the time when the Home Affairs Minister gives a direction to the ACMA under this section, then the application lapses.

Note:

Section 73A provides for refund of the application charge.

(5)

In this section:

non‑compulsory refusal means a refusal to grant a carrier licence, other than a refusal that is required by section 56A or this section.

security has the same meaning as in the Australian Security Intelligence Organisation Act 1979.

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