Commonwealth Numbered Acts

BROADCASTING AND TELEVISION AMENDMENT ACT 1985 No. 66 of 1985 - SECT 35

35. Section 86 of the Principal Act is amended-
(a) by omitting from sub-section (1) "a form approved by the Tribunal" and
substituting "the regulations";

   (b)  by omitting sub-sections (4) to (9) (inclusive);

   (c)  by omitting from sub-section (10) "The licensee shall, at the inquiry
        or before the consideration by the Tribunal of the application, as the
        case may be" and substituting "The licensee shall, before the licence
        is renewed";

   (d)  by omitting sub-section (11);

   (e)  by omitting from sub-section (11B) "Subject to sub-section (11), the"
        and substituting "The";

   (f)  by inserting in paragraph (11B) (c) "in the case of a licence other
than a remote licence, " before " it appears";

   (g)  by omitting from sub-sub-paragraph (11B) (c) (ii) (B) "effectively to
        operate the broadcasting station or television station, as the case
        may be, to which the licence relates" and substituting "to provide an
        adequate and comprehensive service pursuant to the licence or, in the
        case of a re-broadcasting licence or a re-transmission licence, to
        provide the service to which the licence relates";

   (h)  by omitting sub-paragraph (11B) (c) (iv) and substituting the
        following sub-paragraph:



"(iv) except in the case of a re-broadcasting licence or a re-transmission
licence, the need for the commercial viability of the service provided
pursuant to the licence;";

   (j)  by inserting after paragraph (11B) (c) the following paragraph:



"(ca) where the licence is a remote licence, it appears to the Tribunal,
having regard to the following matters or circumstances, that it is advisable
in the public interest to refuse to renew the licence:

        (i)    the Tribunal is satisfied that the licensee has failed to
               comply with the undertaking (if any) given under sub-section
               (10) or 83 (5), as the case may be, in relation to the licence
               to be renewed;

        (ii)   the Tribunal is satisfied that 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;

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

        (iv)   the need for the commercial viability of the service provided
               pursuant to the licence;

        (v)    the likelihood that, if the Tribunal renewed the licence, a
               person would, in relation to the licence or the holder of the
               licence, contravene an order of the Tribunal made for the
               purposes of section 92V;

        (vi)   any relevant government policy statements;

        (vii)  any matters prescribed by regulations for the purposes of this
               paragraph;

        (viii) any other matters or circumstances that the Tribunal considers
               relevant; or";

   (k)  by omitting sub-sections (11D) to (15) (inclusive) and substituting
        the following sub-sections:



"(11D) The Tribunal may refuse to renew a commercial licence, a remote licence
or a supplementary licence if it is satisfied that the licensee has failed to
pay an amount payable by the licensee under the Radio Licence Fees Act 1964 or
the Television Licence Fees Act 1964, as the case requires.



"(12) On the renewal of the licence, the Tribunal may vary or revoke any of
the conditions of the licence or impose further conditions, but it shall not
vary, revoke or impose a condition relating to a matter referred to in the
ervice specification' or 'technical condition' in sub-section   00206000ction
80 (1).".