Document ID: chunk:federal_register_of_legislation:C2004A03739:body:0:p20
Version: federal_register_of_legislation:C2004A03739
Segment Type: other
Provision Reference: 
Character Range: 50104–52885

that, having considered:
         (i) the need for an adequate and comprehensive service to be provided pursuant to such an additional licence; and
         (ii) whether, in the Tribunal's opinion, there is or would, if the supplementary licence were granted, be an undue

         concentration of the ownership or control, direct or indirect, of the media in the service area of the supplementary radio licence;
     it is in the public interest that applications for such a commercial radio licence should be invited.
"(8) The Tribunal shall, as soon as practicable after making a determination under subsection (7):
     (a) inform the applicant and the Minister, by notice in writing, of the determination and the reasons for the determination; and
     (b) make a written recommendation to the Minister that the Minister invite applications for a commercial radio licence to serve the area that would have been the service area of the supplementary radio licence.

Criteria for grant of public licence
"83c. (1) The Tribunal shall not refuse to grant a public 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 public 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 public 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 public 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 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) the undesirability of a person being in a position to exercise control, within the meaning of Division 6 of Part IIIba, of more than one public 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