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BROADCASTING AMENDMENT ACT (No. 3) 1987 No. 184 of 1987 - SECT 24

Suspension and revocation of licences
24. (1) Section 88 of the Principal Act is amended:

   (a)  by inserting in subsection (1) "(other than a public licence)" after

"licence" (first occurring); and

   (b)  by inserting after subsection (1E) the following subsection:

"(1F) The Tribunal may, by notice in writing to the licensee, suspend or
revoke a public licence where it appears to the Tribunal that it is advisable
in the public interest to do so, having regard only to the following matters
or circumstances:

   (a)  the Tribunal is satisfied that the licensee has failed to comply with
        an undertaking given under subsection 83 (5) or 86 (10), as the case
        may be, in relation to the licence;

   (b)  the Tribunal is satisfied that the licensee:

        (i)    is no longer a fit and proper person to hold the licence; or

        (ii)   no longer has the financial, technical and management
               capabilities necessary to provide an adequate and comprehensive
               service pursuant to the licence;

   (c)  the Tribunal is satisfied that a condition of the licence has not been
        complied with;

   (d)  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;

   (e)  the undesirability of:

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

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

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

   (g)  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;

   (h)  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.".

(2) Subject to subsection (3), the amendments made by subsection (1) apply to
the revocation or suspension of a public licence whether granted before or
after the commencement of this section.

(3) Paragraph 88 (1A) (e) of the Principal Act does not apply in relation to
the revocation or suspension, after the commencement of this section, of a
licence that:

   (a)  was granted before the commencement of this section; or

   (b)  is, after the commencement of this section, granted under section 99
        or 99A of the Broadcasting and Television Amendment Act 1985. 


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