Document ID: chunk:federal_register_of_legislation:C2004A03739:body:0:p32
Version: federal_register_of_legislation:C2004A03739
Segment Type: other
Provision Reference: 
Character Range: 79886–82608

the Principal Act is repealed and the following sections are substituted:

Suspension and revocation of commercial licence
"88. (1) The Tribunal may suspend or revoke a commercial licence if it is authorised to do so by subsection (2), (4), (5) or (6).
"(2) The Tribunal may suspend or revoke a commercial licence if it appears to the Tribunal that it is advisable in the public interest to do so, having regard only to the following matters or circumstances:
     (a) the Tribunal is satisfied that the licensee has failed to comply with the undertaking given under subsection 83 (1) or 86 (4), as the case may be, in relation to the licence;
     (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; or

     (c) the Tribunal is satisfied that a condition of the licence has not been complied with.
"(3) Where an implementation plan is applicable to a licensee in respect of a commercial television licence, the Tribunal shall, in determining for the purposes of subsection (2) whether the licensee has failed to comply with an undertaking given under subsection 83 (1) or 86 (4) in relation to the licence, have regard to the terms of the implementation plan.
"(4) The Tribunal may suspend or revoke a commercial licence if the Tribunal is satisfied that the licensee has unreasonably or repeatedly delayed paying an amount payable by the licensee under a Fees Act.
"(5) Where an MCS permit has been granted in respect of a commercial television licence, the Tribunal may suspend or revoke the licence if the Tribunal is satisfied that:
     (a) the licensee has failed to comply with:
         (i) a condition of the permit; or
         (ii) an undertaking given under subsection 94v (5) or 94x (3) in relation to the permit; and
     (b) it is advisable in the public interest, having regard to that failure, that the licence be suspended or revoked.
"(6) Where an implementation plan is applicable to a licensee in respect of a commercial television licence, the Tribunal may suspend or revoke the licence if the Tribunal is satisfied that:
     (a) the licensee has failed to a significant extent to comply with the implementation plan; and
     (b) it is advisable in the public interest, having regard to that failure, that the licence be suspended or revoked.
"(7) Before the Tribunal suspends or revokes a licence under subsection (6):
     (a) the Chairman of the Tribunal shall give the Minister written notice that the Tribunal is satisfied as to the matters referred to in