Document ID: chunk:federal_register_of_legislation:C2004A02490:body:0:p12
Version: federal_register_of_legislation:C2004A02490
Segment Type: other
Provision Reference: 
Character Range: 28950–31643

purposes of paragraph (6) (f), the Tribunal may disregard a contravention of section 90c or 92 by a person if it is satisfied that—
         (a) 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 Division 2 or 3, as the case requires, of Part IV, in a position to control the company to which the licence is to be granted.
    "(8) Where the Tribunal makes a determination in accordance with paragraph (6) (e), it shall, by notice in writing, inform the Minister of the determination and the reasons for the determination.
    "(9) Where there are 2 or more applicants for a licence, each of whom is a person to whom, but for this sub-section, the Tribunal would be required to grant the licence, the Tribunal shall grant the licence to the most suitable applicant.".

Imposition of conditions
14. Section 84 of the Principal Act is amended by omitting from sub-section (1) all the words after "substantially consistent with" and substituting "the matters set out in a notice under paragraph 82 (1) (a) or 82a (3) (a) or in a statement referred to in sub-section 82a (6), as the case may be, and notify the Tribunal.accordingly".

Variation of conditions
15. Section 85 of the Principal Act is amended by omitting from sub-section (2) "commercial" (second occurring).

Renewal
16. Section 86 of the Principal Act is amended—
     (a) by adding at the end of sub-section (4) "and, in the case of a renewal to which section 86a applies, relating to the matter concerning which the Tribunal is required to make a determination under sub-section 86a (2)";
     (b) by omitting sub-sections (10) and (11) and substituting the following sub-sections:
    "(10) The licensee shall, at the inquiry or before the consideration by the Tribunal of the application, as the case may be, give a fresh undertaking in writing to the Tribunal in the same terms as an undertaking required to be given under sub-section 83 (5).
    "(11) The Tribunal shall not refuse to renew the licence unless it has held an inquiry into the renewal of the licence.
    "(11a) Except as provided in sub-sections (11b) and (11d) and section 86a, the Tribunal shall not refuse to renew the licence.

    "(11b) Subject to sub-section (11), the Tribunal shall refuse to renew the licence if—
         (a) the licensee has failed to give an undertaking under sub-section (10);
         (b) the Tribunal is satisfied that the renewal of the licence would be contrary to a provision of this Act;
         (c) it appears to the Tribunal, having