Document ID: chunk:federal_register_of_legislation:C2004A03739:body:0:p38
Version: federal_register_of_legislation:C2004A03739
Segment Type: other
Provision Reference: 
Character Range: 94729–97324

this Act; or
     (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 consent:
         (i) it is not satisfied that the person is a fit and proper person to hold the licence;
         (ii) it is not satisfied that the person has the financial, technical and management capabilities necessary to provide an adequate and comprehensive service pursuant to the licence;
         (iii) it is not satisfied that the person is otherwise capable of complying with the conditions of the licence.

"(5) The Tribunal shall refuse to give consent to:
     (a) the transfer of a supplementary radio licence by the licensee to another person; or
     (b) the admission by the licensee of a supplementary radio licence or, if the licence is held by 2 or more persons as co-owners, by any of those persons, of another person to participate in any of the benefits of the licence or to exercise any of the powers or authorities granted by the licence;
unless that other person is the holder of a commercial radio licence and the whole or a substantial part of the service area of that commercial radio licence is coextensive with the whole or a substantial part of the service area of the supplementary radio licence.
"(6) In relation to a supplementary radio licence held by 2 or more persons as co-owners, the references in this section to the transfer by the licensee of the licence shall be read as references to the transfer by any of those persons of the whole of the person's interest in the licence.

Transfer of public licences
"89c. (1) Subject to subsection (3), the holder of a public licence may admit another person to participate in any of the benefits of the licence or to exercise any of the powers or authorities granted by the licence, but only with the written consent of the Tribunal.
"(2) A public licence may not be transferred.
"(3) A person shall not be admitted to participate in any of the benefits of a public licence, or to exercise any of the powers or authorities granted by a public licence, if the person would be ineligible for the grant of the licence under subsection 81aa (2) or (3).

Transfer of remote licences
"89ca. (1) The holder of a remote licence may:
     (a) transfer the licence to another person; or
     (b) admit another person to participate in any of the benefits of the licence or to exercise any of the powers or authorities granted by the licence;
but only with the written consent of the Tribunal.
"(2) A person to whom the holder of a remote licence proposes