Document ID: chunk:federal_register_of_legislation:C2004A03739:body:0:p30
Version: federal_register_of_legislation:C2004A03739
Segment Type: other
Provision Reference: 
Character Range: 74882–77618

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 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 likelihood that, if the Tribunal renewed 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;
     (f) any relevant government policy statements;
     (g) any matters prescribed by regulations for the purposes of this paragraph;
     (h) any other matters or circumstances that the Tribunal considers relevant.
"(5) The Tribunal may refuse to renew a remote licence if it is satisfied that the licensee has unreasonably or repeatedly delayed paying an amount payable by the licensee under a Fees Act.

Renewal of limited licence
"86g. (1) Where a person applies for renewal of a limited licence, the Tribunal may ask the applicant to give the Tribunal a written statement that sets out an outline of the content and format of the programs the applicant intends to broadcast if the licence is renewed.
"(2) The request shall be made in writing.
"(3) The Tribunal shall not renew a limited licence if it is satisfied that:
     (a) renewal of the licence would be inconsistent with the conditions applicable to the licence;
     (b) the applicant is no longer a fit and proper person to hold the licence;
     (c) the applicant is no longer capable of complying with the conditions of the licence;
     (d) any relevant matters specified by regulations made for the purposes of subsection 81c (1) have not been satisfied; or
     (e) it is otherwise not in the public interest to renew the licence.
"(4) In exercising its powers under subsection (3), the Tribunal may have regard to:
     (a) any breach of the conditions of the licence by the licensee;
     (b) any recommendation made by the Minister under subsection 86h (1);
     (c) any outline provided by the licensee under subsection 82ac (1) or subsection (1) of this section;
     (d) the content and format of the programs broadcast by the licensee pursuant to the licence;
     (e) any failure by the licensee to provide an