Commonwealth Numbered Acts

BROADCASTING AMENDMENT ACT (No. 2) 1991 No. 183 of 1991 - SECT 5

5. After section 80A of the Principal Act the following section is inserted:
Whether service provided under a licence is commercially viable

"80B.(1) For the purposes of this Part, the service provided under a licence
is commercially viable if, and only if, the Tribunal is satisfied that, on the
balance of probabilities, the service will continue to be provided under that
licence until the licence's expiration.
  "(2)   In considering whether it is so satisfied, the Tribunal must
disregard:

   (a)  the effect (if any) of the need to comply with any conditions of the
        licence imposed under subsection 81(1) or 85(1); and

   (b)  the effect (if any) of the need to comply with any undertakings given
        to the Tribunal by the licensee, except an undertaking given under
        subsection 83(1) or 86(4).

"(3) For the purpose of subsection (1), the provision of the service under a
licence is not to be taken to be discontinued because only of a suspension of
the licence under this Act.".