Document ID: chunk:federal_register_of_legislation:C2004A03739:body:0:p22
Version: federal_register_of_legislation:C2004A03739
Segment Type: other
Provision Reference: 
Character Range: 54995–57736

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:
     (a) the Tribunal is not satisfied that the person:
         (i) is a fit and proper person to hold the licence;
         (ii) has the financial, technical and management capabilities necessary to provide an adequate and comprehensive service pursuant to the licence; and
         (iii) is otherwise capable of complying with the conditions of the licence;
     (b) where the service area of the licence overlaps the service area of another non-limited licence or other non-limited licences—the need for the commercial viability of the service or services provided pursuant to the other licence or other licences;
     (c) subject to the desirability of ensuring that, in all parts of Australia, there are available:
         (i) at least one service provided pursuant to a commercial radio licence or remote radio licence; and
         (ii) 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;
     (d) the likelihood that, if the Tribunal granted the licence, 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;
     (e) any relevant government policy statements;
     (f) any matters prescribed by regulations for the purposes of this paragraph;
     (g) any other matters or circumstances that the Tribunal considers relevant.
"(5) The Tribunal shall refuse to grant a remote 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 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 remote 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 limited licence
"83e. (1) The Tribunal shall not grant a limited licence to a person if the Tribunal is satisfied that:
     (a) the person is not a fit and proper person to hold the licence;
     (b) the person