Document ID: chunk:federal_register_of_legislation:C2004A03739:body:0:p39
Version: federal_register_of_legislation:C2004A03739
Segment Type: other
Provision Reference: 
Character Range: 97109–99853

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 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 remote licence unless it is required to do so by subsection (4).
"(4) The Tribunal shall refuse to give consent to the transfer of a remote 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 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:
            (a) is a fit and proper person to hold the licence;
            (b) has the financial, technical and management capabilities necessary to provide an adequate and comprehensive service pursuant to the licence; and
            (c) is otherwise capable of complying with the conditions of the licence;
         (ii) subject to the desirability of ensuring that, in all parts of Australia, there are available:
            (a) at least one service provided pursuant to a commercial radio licence or remote radio licence; and
            (b) at least one service provided pursuant to a commercial television licence or remote television licence;
        the need to avoid an undue concentration of the ownership or control, direct or indirect, of the media in the service area of the licence;
         (iii) the likelihood that, if the Tribunal gave consent, 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;
         (iv) any relevant government policy statements;
         (v) any matters prescribed by regulations for the purposes of this paragraph;
         (vi) any other matters or circumstances that the Tribunal considers relevant.
"(5) In relation to a remote 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 limited licence
"89cb. (1) The holder of a limited licence may:
     (a) transfer the licence to another person; or
     (b) admit another person to participate in any of the benefits of the licence of to