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BROADCASTING AMENDMENT ACT 1990 No. 102 of 1990 - SECT 14
Approval of transactions
14. Section 92FAA of the Principal Act is amended:
(a) by omitting from paragraph (11) (c) "or such longer period as the
Tribunal, on application, allows by notice in writing served on the
person within that period of 6 months";
(b) by inserting after subsection (11) the following subsections:
"(11A) Subject to subsections (11B), (11C) and (11D), the Tribunal may extend
the period of 6 months referred to in paragraph (11) (c).
"(11B) If:
(a) the Tribunal refuses to approve a transaction (in whole or in part) in
so far as it affects a person because the person has failed to meet
the suitability requirements that apply to the licence; and
(b) the person applies for an extension under subsection (11A); the
following provisions have effect:
(c) an extension granted to the person under subsection (11A) is not to be
for a period longer than 6 months;
(d) the Tribunal, in determining whether or not to grant the extension, is
to have regard to:
(i) whether the person has made all reasonable efforts to dispose of the
interests to which paragraph (11) (c) applies; and
(ii) the effects that granting the extension is likely to have on the
licensee's ability to meet the suitability requirements that apply to
the licence; and
(iii) whether granting the extension is likely to have an adverse effect
on:
(A) the licensee's ability to comply with the conditions of
the licence; or
(B) the licensee's operations in providing the service
pursuant to the licence; or
(C) the selection or provision of programs broadcast pursuant
to the licence; and
(iv) if the person has been given a direction under subsection 92M (1B) in
relation to the licence - any failure by the person to comply with the
direction; and
(v) any other matters that the Tribunal considers relevant.
"(11C) The Tribunal may only grant an extension under subsection (11A):
(a) on an application for the extension by the person who applied for
approval under section 92F; and
(b) within the period of 6 months after the day on which the notice under
subsection (2) is served.
"(11D) An extension under subsection (11A) is to be granted by written notice
served on the applicant.".
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