Document ID: chunk:federal_register_of_legislation:C2004A03739:body:0:p18
Version: federal_register_of_legislation:C2004A03739
Segment Type: other
Provision Reference: 
Character Range: 45150–47827

of the further period specified in the determination, tenders to the Commonwealth, an amount equal to the sum of:

         (i) the amount of the establishment fee; and
         (ii) the amount of any late payment charge payable under paragraph (f);
    the Tribunal shall grant the licence to the applicant;
     (f) where an applicant in relation to whom a determination under subparagraph (d) (i) has been made tenders to the Commonwealth, after the end of the relevant period, an amount in respect of the establishment fee, an additional fee is due and payable by way of penalty by the applicant at the rate of 20% per annum on the amount tendered, computed from the end of the relevant period until the day on which the amount is tendered;
     (g) if a determination is made under subparagraph (d) (i) in relation to an applicant and the applicant does not tender to the Commonwealth, before the end of the further period specified in the determination, an amount equal to the sum of the amounts specified in subparagraphs (e) (i) and (ii), the Minister may determine that a fresh notice under subsection 82 (1) should be published in relation to the proposed grant of the licence.
"(11) In subsection (10):
     'eligible applicant', in relation to the grant of a commercial radio licence, means a person to whom, but for subsection (9), the Tribunal would be required to grant the licence;
     'establishment fee', in relation to the grant of a commercial radio licence, means the fee payable on the grant of the licence under subsection 6 (1a) of the Radio Licence Fees Act 1964;
     'relevant period', in relation to an applicant who is given notice under paragraph (10) (a) or (c), means:
         (a) the period of 60 days commencing on the day on which the notice is given; or
         (b) if, before the end of that period, legal proceedings are commenced to challenge the giving of the notice or to prevent the granting of the licence to the applicant—the period of 30 days commencing on the day after the termination of all such proceedings (whether commenced before or after the end of the period referred to in paragraph (a));
     'termination' includes termination by way of withdrawal or final determination and, when used in relation to legal proceedings, includes the termination of any appeal arising out of those proceedings.

Criteria for grant of supplementary radio licence
"83b. (1) The Tribunal shall not refuse to grant a supplementary radio 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 supplementary radio licence to a person if the person has failed to