Document ID: chunk:federal_register_of_legislation:C2004A03739:body:0:p21
Version: federal_register_of_legislation:C2004A03739
Segment Type: other
Provision Reference: 
Character Range: 52614–55218

radio licence or more than one public television licence;

     (d) 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;
     (e) the undesirability of a public licence being held by a corporation whose operations pursuant to the licence will be conducted, either wholly or substantially, for the purpose of the acquisition by another person of profit or gain;
     (f) 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;
     (g) 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.
"(5) The Tribunal shall refuse to grant a public licence to a person if it appears to the Tribunal that a licence of the kind contemplated by the matters (other than the outline of the technical conditions proposed to be included in the licence warrant) set out in the notice under paragraph
82 (1) (a) should not be granted.
"(6) The reference in subsection (5) to the matters set out in the notice under paragraph 82 (1) (a) is a reference to such matters as affected by any determination under subsection 83f (1).
"(7) Where there are 2 or more applicants for a public licence, each of whom is a person to whom, but for this subsection, the Tribunal would be required to grant the licence, the Tribunal shall grant the licence to the most suitable applicant.

Criteria for grant of remote licence
"83d. (1) The Tribunal shall not refuse to grant a remote licence to a person unless it is required to do so by subsection (2), (3), (4), (5) or (7).
"(2) The Tribunal shall refuse to grant a remote licence to a person if the person has failed to give an undertaking in accordance with subsection
83 (1).
"(3) The Tribunal shall refuse to grant a remote licence to a person if the Tribunal is satisfied that the grant of the licence would be contrary to a provision of this Act.
"(4) The Tribunal shall refuse to grant a remote licence to a person 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 grant the licence to the person: