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BROADCASTING AMENDMENT ACT 1990 No. 102 of 1990 - SECT 3
Interpretation
3. Section 4 of the Principal Act is amended:
(a) by inserting in subsection (1) the following definition:
" `suitability requirements' has the meaning given by subsections (18) and
(19);";
(b) by adding at the end the following subsections:
"(18) For the purposes of this Act, the holder of a commercial licence fails
to meet the suitability requirements that apply to the licence if the
licensee:
(a) is no longer a fit and proper person to hold the licence; or
(b) no longer has the financial, technical and management capabilities
necessary to provide an adequate and comprehensive service pursuant to
the licence.
"(19) For the purposes of this Act, an applicant under section 90J or 92F for
approval of a transaction in relation to a licence fails to meet the
suitability requirements that apply to the licence if:
(a) the Tribunal is satisfied, for the purposes of subparagraph 90JA (2)
(c) (ii) or 92FAA (2) (c) (ii), that the applicant:
(i) is not a fit and proper person to hold the interests to which the
transaction relates; or
(ii) does not have the financial, technical or management capabilities to
provide an adequate and comprehensive service pursuant to the licence;
or
(b) had the application been an application for the Tribunal's consent to
the transfer to the applicant of the licence to which the transaction
relates, the Tribunal would, for the purposes of sub-subparagraph 89A
(8) (c) (i) (A) or (B) (as applied by paragraph 90JA (2) (a) or 92FAA
(2) (a)), not have been satisfied that the person:
(i) is a fit and proper person to hold the licence; or
(ii) has the financial, technical and management capabilities necessary to
provide an adequate and comprehensive service pursuant to the
licence.".
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