Document ID: chunk:federal_register_of_legislation:C2004A03739:body:0:p29
Version: federal_register_of_legislation:C2004A03739
Segment Type: other
Provision Reference: 
Character Range: 72410–75102

may be, in relation to the licence to be renewed;
     (b) the Tribunal is satisfied that the licensee:
         (i) is no longer a fit and proper person to hold the licence; or
         (ii) no longer has the financial, technical and management capabilities necessary to provide an adequate and comprehensive service pursuant to the licence;
     (c) the Tribunal is satisfied that a condition of the licence has not been complied with;
     (d) the need for the commercial viability of the service provided pursuant to the licence;
     (e) the undesirability of a person being in a position to exercise control, within the meaning of Division 6 of Part IIIba, of more than one public radio licence or more than one public television licence;
     (f) the undesirability of:
         (i) the Commonwealth, a State or the Northern Territory or a statutory authority of the Commonwealth, a State or a Territory; or
         (ii) a political party;
    being in a position to exercise control, within the meaning of Division 6 of Part IIIba, of a public licence;
     (g) the undesirability of a public licence being held by a corporation whose operations pursuant to the licence have been, or will be, conducted, either wholly or substantially, for the purpose of the acquisition by another person of profit or gain;
     (h) the desirability of members of the community to be served pursuant to a public licence being in a position to exercise control of the licence;
     (j) the need to encourage members of the community to be served pursuant to a public licence to participate in:

         (i) the operations of the licensee in providing the service pursuant to the licence; and
         (ii) the selection and provision of programs to be broadcast pursuant to the licence.

Renewal of remote licence
"86f. (1) The Tribunal shall not refuse to renew a remote licence unless it is:
     (a) required to do so by subsection (2), (3) or (4); or
     (b) authorised to do so by subsection (5).
"(2) The Tribunal shall refuse to renew a remote licence if the licensee has failed to give an undertaking under subsection 86 (4).
"(3) The Tribunal shall refuse to renew a remote licence if the Tribunal is satisfied that the renewal of the licence would be contrary to a provision of this Act.
"(4) The Tribunal shall refuse to renew a remote licence if it appears to the Tribunal, having regard to the following matters or circumstances, that it is advisable in the public interest to refuse to renew the licence:
     (a) the Tribunal is satisfied that the licensee has failed to comply with the undertaking (if any) given under subsection 83 (1) or 86 (4), as the case may be, in relation to