Commonwealth Consolidated Acts

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TELECOMMUNICATIONS ACT 1997 - SECT 58A

Refusal of carrier licence--security

             (1)  If the Attorney-General, 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 Attorney-General 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 Appeals 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 Attorney-General 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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