Document ID: chunk:federal_register_of_legislation:C2004A03739:body:0:p15
Version: federal_register_of_legislation:C2004A03739
Segment Type: other
Provision Reference: 
Character Range: 37682–40413

the notice, the Tribunal may grant a licence, or a number of licences not exceeding that maximum number, pursuant to the notice.

"(10) Where the Minister may defer consideration of an application under this section, the Minister:
     (a) may defer consideration of the application either indefinitely or for a particular period; and
     (b) may specify the period by reference to the happening of a particular event or the existence of particular circumstances.
"(11) Where the Minister exercises a power under paragraph (3) (a), (b) or (c), the Minister shall give the applicant, as soon as practicable after exercising the power, written notice of the Minister's decision.

Tribunal may request outline of program content and format
"82ac. (1) The Tribunal may ask an applicant for a limited licence to give the Tribunal a written statement that sets out an outline of the content and format of the programs that the applicant intends to broadcast if granted the licence.
"(2) A request under subsection (1) shall be in writing.

Tribunal may request applicant to give copy of constituent documents
"82ad. (1) The Tribunal may ask an applicant for a limited licence to give the Tribunal a copy of the applicant's constituent documents.
"(2) A request under subsection (1) shall be in writing.".

27. Section 83 of the Principal Act is repealed and the following sections are substituted:

Undertaking
"83. (1) An applicant for the grant of a licence shall, before the licence is granted, give a written undertaking to the Tribunal that the applicant will, if granted the licence:
     (a) comply with the conditions of the licence;
     (b) provide an adequate and comprehensive service pursuant to the licence;
     (c) encourage the provision of programs wholly or substantially produced in Australia; and
     (d) use, and encourage the use of, Australian creative resources in connection with the provision of programs.
"(2) Subsection (1) does not apply to a limited licence.

Criteria for grant of commercial licence
"83a. (1) The Tribunal shall not refuse to grant a commercial licence to a person unless it is required to do so by subsection (2), (3), (4), (5), (7), (9) or (10).
"(2) The Tribunal shall refuse to grant a commercial 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 commercial 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 commercial licence to a person if it appears to the Tribunal, having regard only to the following matters or circumstances, that it is advisable in the public