Document ID: chunk:federal_register_of_legislation:C2004A03739:body:0:p25
Version: federal_register_of_legislation:C2004A03739
Segment Type: other
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Character Range: 62557–65295

the Tribunal for the purpose of giving effect to any determination by the Tribunal, under subsection 81b (3), of the purpose for which the licence is granted;
         (c) any other conditions, not relating to matters referred to in the definition of 'service specification' or 'technical condition' in subsection 4 (1), imposed by the Tribunal;
         (d) any conditions imposed by regulations made for the purposes of subsection 81c (1); and
         (e) the conditions imposed by sections 119ac and 129.".
(2) The amendments made by subsection (1) apply in relation to a non-limited licence only if the notice in relation to the licence under subsection 82 (1) or 82a (4) of the Principal Act is published or given after the commencement of this subsection.

Variation of licence conditions
29. Section 85 of the Principal Act is amended by inserting after paragraph (5) (aa) the following paragraph:
      "(ab) in the case of a direction to vary the purpose of a limited licence—the Minister, or an officer authorised by the Minister in writing for the purposes of this paragraph, shall also give the Tribunal notice in writing:
         (i) specifying the direction proposed to be given by the Minister; and
         (ii) inviting the Tribunal to make representations to the Minister relating to the proposed direction;".

30. (1) Section 86 of the Principal Act is repealed and the following sections are substituted:

Renewal of licences—general
"86. (1) Subject to subsection (2), an application for the renewal of a licence shall be lodged with the Tribunal not less than 20 weeks before the expiration of the licence.
"(2) An application for the renewal of a limited licence may, with the approval of the Tribunal, be lodged less than 20 weeks before the expiration of the licence.
"(3) The application must be made in accordance with the regulations.

"(4) The licensee shall, before the licence is renewed, give a fresh undertaking in writing to the Tribunal in the same terms as an undertaking required to be given under subsection 83 (1).
"(5) Subsection (4) does not apply to a limited licence.
"(6) On the renewal of a licence, the Tribunal may vary or revoke any of the conditions of the licence or impose further conditions.
"(7) The Tribunal shall not, under subsection (6), vary, revoke or impose a condition relating to a matter referred to in the definition of 'service specification' or 'technical condition' in subsection 4 (1).

Renewal of commercial licence
"86aa. (1) The Tribunal shall not refuse to renew a commercial licence unless it is:
     (a) required to do so by subsection (2), (3), (4) or (5); or
     (b) authorised to do so by subsection (8), (9) or (10).
"(2) The Tribunal shall refuse to renew