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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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