Digital Infrastructure Bill · cl 44

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—(1) A person who is aggrieved by an appealable decision may apply to the Authority for a reconsideration of the appealable decision.(2) An application under subsection (1) must be made —(a)in the prescribed manner; and (b)before the expiry of the time specified in the appealable decision, being a time not later than 14 days after the appealable decision was given to the applicant.(3) Upon receiving an application under subsection (1) for reconsideration, the Authority has to, without compensating the applicant —(a)wholly cancel the appealable decision;(b)substitute the appealable decision (called in this section the initial appealable decision) with another appealable decision that the Authority might have made under this Act (called in this section the substitute appealable decision); or(c)affirm the initial appealable decision.(4) When a substitute appealable decision is made by the Authority under subsection (3)(b), the Authority must immediately give the applicant the substitute appealable decision in the same manner as the initial appealable decision.(5) When an initial appealable decision is cancelled by the Authority under subsection (3)(a) or affirmed under subsection (3)(c), or a substitute appealable decision is made under subsection (3)(b), the Authority must give notice (as the case may be) of —(a)the cancellation or affirmation (as the case may be) to every person given the initial appealable decision; or(b)the making of the substitute appealable decision to the applicant and any other person given the initial appealable decision.(6) There is to be no further reconsideration after a decision under subsection (3), unless directed by the Minister under section 45(7)(b).(7) An application to reconsider the Authority’s initial appealable decision does not affect the operation of that decision or prevent the taking of action to implement that decision and, unless otherwise provided by Part 3 or 4 or allowed by the Authority, the initial appealable decision to be reconsidered must be complied with unless the determination of the reconsideration indicates otherwise.(8) In subsections (2)(b), (4) and (5), a reference to the giving of an appealable decision to a person is, in the case of the issue, approval or amendment of a code of practice under section 16 or 37, a reference to the publication of the notice of the issue, approval or amendment (as the case may be) of the code of practice in accordance with section 16(5) or 37(3).
A person who is aggrieved by an appealable decision may apply to the Authority for a reconsideration of the appealable decision.
An application under subsection (1) must be made —(a)in the prescribed manner; and (b)before the expiry of the time specified in the appealable decision, being a time not later than 14 days after the appealable decision was given to the applicant.
Upon receiving an application under subsection (1) for reconsideration, the Authority has to, without compensating the applicant —(a)wholly cancel the appealable decision;(b)substitute the appealable decision (called in this section the initial appealable decision) with another appealable decision that the Authority might have made under this Act (called in this section the substitute appealable decision); or(c)affirm the initial appealable decision.
When a substitute appealable decision is made by the Authority under subsection (3)(b), the Authority must immediately give the applicant the substitute appealable decision in the same manner as the initial appealable decision.
When an initial appealable decision is cancelled by the Authority under subsection (3)(a) or affirmed under subsection (3)(c), or a substitute appealable decision is made under subsection (3)(b), the Authority must give notice (as the case may be) of —(a)the cancellation or affirmation (as the case may be) to every person given the initial appealable decision; or(b)the making of the substitute appealable decision to the applicant and any other person given the initial appealable decision.
There is to be no further reconsideration after a decision under subsection (3), unless directed by the Minister under section 45(7)(b).
An application to reconsider the Authority’s initial appealable decision does not affect the operation of that decision or prevent the taking of action to implement that decision and, unless otherwise provided by Part 3 or 4 or allowed by the Authority, the initial appealable decision to be reconsidered must be complied with unless the determination of the reconsideration indicates otherwise.
In subsections (2)(b), (4) and (5), a reference to the giving of an appealable decision to a person is, in the case of the issue, approval or amendment of a code of practice under section 16 or 37, a reference to the publication of the notice of the issue, approval or amendment (as the case may be) of the code of practice in accordance with section 16(5) or 37(3).

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cl 44Reconsideration by Authority

(1)

A person who is aggrieved by an appealable decision may apply to the Authority for a reconsideration of the appealable decision.

(2)

An application under subsection (1) must be made —

(a)

in the prescribed manner; and (b)before the expiry of the time specified in the appealable decision, being a time not later than 14 days after the appealable decision was given to the applicant.

(3)

Upon receiving an application under subsection (1) for reconsideration, the Authority has to, without compensating the applicant —

(a)

wholly cancel the appealable decision;

(b)

substitute the appealable decision (called in this section the initial appealable decision) with another appealable decision that the Authority might have made under this Act (called in this section the substitute appealable decision); or

(c)

affirm the initial appealable decision.

(4)

When a substitute appealable decision is made by the Authority under subsection (3)(b), the Authority must immediately give the applicant the substitute appealable decision in the same manner as the initial appealable decision.

(5)

When an initial appealable decision is cancelled by the Authority under subsection (3)(a) or affirmed under subsection (3)(c), or a substitute appealable decision is made under subsection (3)(b), the Authority must give notice (as the case may be) of —

(a)

the cancellation or affirmation (as the case may be) to every person given the initial appealable decision; or

(b)

the making of the substitute appealable decision to the applicant and any other person given the initial appealable decision.

(6)

There is to be no further reconsideration after a decision under subsection (3), unless directed by the Minister under section 45(7)(b).

(7)

An application to reconsider the Authority’s initial appealable decision does not affect the operation of that decision or prevent the taking of action to implement that decision and, unless otherwise provided by Part 3 or 4 or allowed by the Authority, the initial appealable decision to be reconsidered must be complied with unless the determination of the reconsideration indicates otherwise.

(8)

In subsections (2)(b), (4) and (5), a reference to the giving of an appealable decision to a person is, in the case of the issue, approval or amendment of a code of practice under section 16 or 37, a reference to the publication of the notice of the issue, approval or amendment (as the case may be) of the code of practice in accordance with section 16(5) or 37(3).