TELECOMMUNICATIONS ACT 1997 - SECT 58A Refusal of carrier licence--security

TELECOMMUNICATIONS ACT 1997 - SECT 58A

  (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 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 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 .