Commonwealth Numbered Acts

BROADCASTING AND TELEVISION AMENDMENT ACT 1985 No. 66 of 1985 - SECT 40

40. Section 88 of the Principal Act is amended-

   (a)  by omitting from sub-section (1) "Subject to section 89, the" and
        substituting "The";

   (b)  by inserting in paragraph (1) (a) "in the case of a licence other than
a remote licence," before " it appears";

   (c)  by omitting from sub-sub-paragraph (1) (a) (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";

   (d)  by omitting from sub-paragraph (1) (a) (iii) "or"; and

   (e)  by omitting paragraph (1) (b) and substituting the following
        paragraphs:



"(aa) in the case of a remote licence, it appears to the Tribunal that it is
advisable in the public interest to do so, having regard to the following
matters or circumstances:

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

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

   (b)  in the case of a commercial licence, remote licence or supplementary
        licence-the Tribunal 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.".