Document ID: chunk:federal_register_of_legislation:C2004A03739:body:0:p26
Version: federal_register_of_legislation:C2004A03739
Segment Type: other
Provision Reference: 
Character Range: 65078–67756

refuse to renew a commercial licence unless it is:
     (a) required to do so by subsection (2), (3), (4) or (5); or
     (b) authorised to do so by subsection (8), (9) or (10).
"(2) The Tribunal shall refuse to renew a commercial licence if the licensee has failed to give an undertaking under subsection 86 (4).
"(3) The Tribunal shall refuse to renew a commercial licence if the Tribunal is satisfied that the renewal of the licence would be contrary to a provision of this Act.
"(4) The Tribunal shall refuse to renew a commercial licence 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 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.
"(5) Subject to subsection (6), the Tribunal shall refuse to renew a commercial licence if the circumstances are such that, if the Tribunal renewed the licence:
     (a) the Tribunal would have reasonable grounds for believing that a person would be contravening section 90c, 92 or 92jb in circumstances that would constitute an offence against that section;

     (b) a person would be contravening section 90f, 92c or 92jd; or
     (c) a condition specified in section 90g or 92d would be contravened.
"(6) For the purposes of subsection (5), the Tribunal may disregard a contravention of section 90c, 92 or 92jb by a person if satisfied that:
     (a) as soon as practicable after the renewal of the licence the person will take all reasonable steps with a view to causing the contravention to cease; or
     (b) the contravention will not result in the person being, within the meaning of Part IIIba, in a position to control the company that holds the licence.
"(7) 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 (4) whether the licensee has failed to comply with the undertaking (if any) given under subsection 83 (1) or 86 (4) in relation to the