Document ID: chunk:federal_register_of_legislation:C2004A03739:body:0:p37
Version: federal_register_of_legislation:C2004A03739
Segment Type: other
Provision Reference: 
Character Range: 92275–94961

area is also not a metropolitan service area;
        the need to avoid undue concentration of influence, whether, direct or indirect, on the person and on the corporation or corporations holding the other licence or licences; or
     (d) the circumstances are such that, if the Tribunal gave consent:
         (i) the Tribunal would have reasonable grounds for believing that a person would be contravening section 90c, 92 or 92jb in circumstances that would constitute an offence against that section;
         (ii) a person would be contravening section 90f, 92c or 92jd; or
         (iii) a condition specified in section 90g or 92d would be contravened.

"(9) For the purposes of paragraph (8) (d), the Tribunal may disregard a contravention of section 90c, 92 or 92jb by a person if satisfied that:
     (a) as soon as practicable after the transfer of the licence, the person will take all reasonable steps with a view to causing the contravention to cease; or
     (b) in the case of a contravention by a person other than the transferee— the contravention will not result in the person being, within the meaning of Part IIIba, in a position to control the transferee.
"(10) The Tribunal shall refuse to give consent to the transfer to a person of a commercial radio licence that is related to a supplementary radio licence unless the supplementary radio licence is transferred to the person at the same time.

Transfer of supplementary radio licences
"89b. (1) The holder of a supplementary radio 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 supplementary radio licence proposes to transfer the licence shall give a written undertaking to the Tribunal in the same terms as an undertaking required to be given under subsection 83 (1).
"(3) The Tribunal shall not refuse to give consent to the transfer of a supplementary radio licence unless it is required to do so by subsection (4) or (5).
"(4) The Tribunal shall refuse to give consent to the transfer of a supplementary radio licence to a person if:
     (a) the person has failed to give an undertaking under subsection (2);
     (b) the Tribunal is satisfied that the giving of the consent would be contrary to a provision of 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