Document ID: chunk:federal_register_of_legislation:C2004A03739:body:0:p36
Version: federal_register_of_legislation:C2004A03739
Segment Type: other
Provision Reference: 
Character Range: 89838–92535

not be transferred to a person if the person would, by virtue of subsection 81aa (1), be ineligible for the grant of the licence.
"(3) A person shall not be admitted to participate in any of the benefits of a commercial licence, or to exercise any of the powers or authorities granted by a commercial licence, if the person would be ineligible for the grant of the licence under subsection 81aa (1).
"(4) A commercial licence shall not be transferred to a person, and a person shall not be admitted to participate in any of the benefits of a commercial licence or to exercise any of the powers or authorities granted by a commercial licence, before the end of the period of 2 years commencing on the day of commencement of the licence.

"(5) Subsection (4) does not apply to:
     (a) the grant of a commercial radio licence or of a commercial television licence under section 99 or 99a of the Broadcasting and Television Amendment Act 1985; or
     (b) the grant of a commercial television licence pursuant to section 94zc or 94zg of this Act.
"(6) A person to whom the holder of a commercial licence proposes to transfer the licence shall give a written undertaking to the Tribunal in the same terms as an undertaking required to be given under subsection 83 (1).
"(7) The Tribunal shall not refuse to give consent to the transfer of a commercial licence unless it is required to do so by subsection (8) or (10).
"(8) The Tribunal shall refuse to give consent to the transfer of a commercial licence to a person if:
     (a) the person has failed to give an undertaking under subsection (6);
     (b) the Tribunal is satisfied that the giving of the consent would be contrary to a provision of this Act;
     (c) it appears to the Tribunal, having regard only to the following matters or circumstances, that it is advisable in the public interest to refuse consent:
         (i) the Tribunal is not satisfied that the person:
            (a) is a fit and proper person to hold the licence;
            (b) has the financial, technical and management capabilities necessary to provide an adequate and comprehensive service pursuant to the licence; and
            (c) is otherwise capable of complying with the conditions of the licence;
         (ii) if the licence's service area:
            (a) is not a metropolitan service area; and
            (b) overlaps the service area of at least one other commercial licence whose service area is also not a metropolitan service area;
        the need to avoid undue concentration of influence, whether, direct or indirect, on the person and on the corporation or corporations holding the other licence or licences; or
     (d) the circumstances are