Document ID: chunk:federal_register_of_legislation:C2004A03739:body:0:p17
Version: federal_register_of_legislation:C2004A03739
Segment Type: other
Provision Reference: 
Character Range: 42700–45407

as soon as practicable after the grant 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 to which the licence is to be granted.
"(9) Subject to subsection (10), where there are 2 or more applicants for a commercial licence, each of whom is a person to whom, but for this subsection, the Tribunal would be required to grant the licence, the Tribunal shall grant the licence to the most suitable applicant.
"(10) Where the licence is a commercial radio licence, the following provisions have effect:
     (a) the Tribunal shall give the eligible applicant who, in the opinion of the Tribunal, is the most suitable applicant notice in writing that the licence is available to that applicant;
     (b) if an applicant who is given notice under paragraph (a) or (c) tenders to the Commonwealth, before the end of the relevant period, an amount equal to the amount of the establishment fee, the Tribunal shall grant the licence to that applicant;
     (c) if an applicant who is given notice under paragraph (a) or this paragraph does not tender to the Commonwealth, before the end of the relevant period, an amount equal to the amount of the establishment fee and there is at least one other eligible applicant:
         (i) the application by the applicant given that notice shall be deemed to have been withdrawn; and
         (ii) the Tribunal shall give the remaining eligible applicant, or the one of the remaining eligible applicants who, in the opinion of the Tribunal, is the most suitable applicant, notice in writing that the licence is available to that applicant;
     (d) if an applicant who is given notice under paragraph (a) or (c) does not tender to the Commonwealth, before the end of the relevant period, an amount equal to the amount of the establishment fee, the Minister may:
         (i) determine that, even though the relevant period has ended, the licence shall continue to be available to that applicant for such further period as is specified in the determination; or
         (ii) determine that a fresh notice under subsection 82 (1) should be published in relation to the proposed grant of the licence;
     (e) if a determination is made under subparagraph (d) (i) in relation to an applicant and the applicant, before the end 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