Document ID: chunk:federal_register_of_legislation:C2004A03739:body:0:p16
Version: federal_register_of_legislation:C2004A03739
Segment Type: other
Provision Reference: 
Character Range: 40188–42932

a provision of this Act.
"(4) The Tribunal shall refuse to grant a commercial licence to a person 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 grant the licence to the person:
     (a) the Tribunal is not satisfied that the person:
         (i) is a fit and proper person to hold the licence;
         (ii) has the financial, technical and management capabilities necessary to provide an adequate and comprehensive service pursuant to the licence; and
         (iii) is otherwise capable of complying with the conditions of the licence;
     (b) if the licence's service area:
         (i) is not a metropolitan service area; and
         (ii) 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;
     (c) where the service area of the licence overlaps the service area of another non-limited licence or other non-limited licences—the need for the commercial viability of the service or services provided pursuant to the other licence or other licences.
"(5) The Tribunal shall refuse to grant a commercial licence to a person if it appears to the Tribunal that a licence of the kind contemplated by the matters (other than the outline of the technical conditions proposed to be included in the licence warrant) set out in the notice under paragraph 82 (1) (a) should not be granted.
"(6) The reference in subsection (5) to the matters set out in the notice under paragraph 82 (1) (a) is a reference to such matters as affected by any determination under subsection 83f (1).
"(7) Subject to subsection (8), the Tribunal shall refuse to grant a commercial licence to a person if the circumstances are such that, if the Tribunal granted the licence to the person:
     (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.

"(8) For the purposes of subsection (7), 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 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