Document ID: chunk:federal_register_of_legislation:C2004A02490:body:0:p20
Version: federal_register_of_legislation:C2004A02490
Segment Type: other
Provision Reference: 
Character Range: 49354–52128

Part IV, in a position to control the transferee.
    "(1f) The Tribunal shall refuse—
         (a) to give consent to the transfer of a commercial licence related to a supplementary licence by the licensee to another person unless the supplementary licence is transferred at the same time to that other person; or
         (b) to give consent to—
               (i) the transfer of a supplementary licence by the licensee to another person; or
               (ii) the admission by the licensee of a supplementary 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 licence for a commercial broadcasting station and the whole or a substantial part of the area served in pursuance of that commercial licence, or that commercial licence and any one or more commercial translator licences associated with that commercial licence, is coextensive with the whole or a substantial part of the area served in pursuance of either the supplementary licence or the supplementary licence and any one or more commercial translator licences associated with the supplementary licence."; and
     (b) by adding at the end thereof the following sub-section:
    "(5) In relation to a supplementary licence held by 2 or more persons as co-owners, the references in this section to the transfer by the licensee of his licence shall be read as references to the transfer by any of those persons of the whole of his interest in the licence.".

Service of documents
20. Section 89e of the Principal Act is repealed.

Tracing of shareholding interests through a series of companies
21. Section 90b of the Principal Act is amended by inserting in sub-section (1) "and sub-sections 90g (2), (5) and (6)"after"90e".

Limitation of interests in commercial broadcasting stations
22. Section 90c of the Principal Act is amended—
     (a) by omitting sub-section (3); and
     (b) by inserting after sub-section (5) the following sub-sections:
    "(5a) A person who contravenes this section otherwise than as described in sub-section (5b) or (5c) is guilty of an offence in respect

    of each day (including the day of a conviction under this sub-section or any subsequent day) during which the contravention continues.

    "(5b) Where a person contravenes this section as a result of a transaction that takes place after the commencement of this sub-section, being a transaction to which the person is a party and in relation to which section 90j applies to the person, the person is guilty of a separate offence in respect of each day (including the day of a