Commonwealth Numbered Acts

BROADCASTING AMENDMENT ACT (No. 3) 1987 No. 184 of 1987 - SECT 19

19. Section 83 of the Principal Act is amended:

   (a)  by inserting in subsection (6) "(other than a public licence)" after

"licence" (first occurring); and

   (b)  by inserting after subsection (7) the following subsection:

"(7A) The Tribunal shall not refuse to grant a public licence to a person
unless:

   (a)  the person has failed to give an undertaking in accordance with
        subsection (5);

   (b)  the Tribunal is satisfied that the grant of the licence would be
        contrary to a provision of this Act;

   (c)  it appears to the Tribunal, having regard only to the following
        matters or circumstances, that it is advisable in the public interest
        to refuse to grant the licence to the person:

        (i)    it is not satisfied that the person:

                (A)  is a fit and proper person to hold the licence;

                (B)  has the financial, technical and management capabilities
                     necessary to provide an adequate and comprehensive
                     service pursuant to the licence; and

                (C)  is otherwise capable of complying with the conditions of
                     the licence;

        (ii)   where the service area of the licence overlaps the service area
               of another licence or other licences-the need for the
               commercial viability of the service or services provided
               pursuant to the other licence or other licences;

        (iii)  the undesirability of a person being in a position to exercise
               control, within the meaning of Division 6, of more than one
               public radio licence or more than one public television
               licence;

        (iv)   the undesirability of:

                (A)  the Commonwealth, a State or the Northern Territory or a
                     statutory authority of the Commonwealth, a State or a
                     Territory; or

                (B)  a political party;
being in a position to exercise control, within the meaning of Division 6, of
a public licence;

        (v)    the undesirability of a public licence being held by a
               corporation whose operations pursuant to the licence will be
               conducted, either wholly or substantially, for the purpose of
               the acquisition by another person of profit or gain;

        (vi)   the desirability of members of the community to be served
               pursuant to a public licence being in a position to exercise
               control of the licence;

        (vii)  the need to encourage members of the community to be served
               pursuant to a public licence to participate in:

                (A)  the operations of the licensee in providing the service
                     pursuant to the licence; and

                (B)  the selection and provision of programs to be broadcast
                     pursuant to the licence; or

   (d)  it appears to the Tribunal that a licence of the kind contemplated by
        the matters (other than the outline of the technical conditions
        proposed to be included in the licence warrant) set out in a notice
        under paragraph 82 (1) (a) should not be granted.".