Document ID: chunk:federal_register_of_legislation:C2004A03739:body:0:p23
Version: federal_register_of_legislation:C2004A03739
Segment Type: other
Provision Reference: 
Character Range: 57516–60118

grant of limited licence
"83e. (1) The Tribunal shall not grant a limited licence to a person if the Tribunal is satisfied that:
     (a) the person is not a fit and proper person to hold the licence;
     (b) the person is not capable of complying with the conditions of the licence;
     (c) any relevant matters specified by regulations made for the purposes of subsection 81c (1) have not been satisfied; or
     (d) it is otherwise not in the public interest to grant the licence to the person.
"(2) In deciding whether to grant a limited licence to a person, the Tribunal may have regard to:
     (a) any outline provided by the person in accordance with section 82ac;
     (b) any failure by the person to provide an outline in accordance with section 82ac;
     (c) the likelihood that, if the Tribunal granted the licence, a person would, in relation to the licence or the holder of the licence, contravene an order of the Tribunal made for the purposes of section 92va; and
     (d) any other matters or circumstances that the Tribunal considers relevant.
"(3) The Tribunal may refuse to grant a limited 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 82ab (3) (d) or subsection 82ab (5) should not be granted.
"(4) The reference in subsection (3) to the matters set out in the notice under paragraph 82ab (3) (d) or subsection 82ab (5) is a reference to such matters as affected by any determination under subsection 83f (1).
"(5) Subject to subsection (6), where there are 2 or more applicants for a limited licence, each of whom is a person to whom, but for this subsection, the Tribunal would be able to grant the licence, the Tribunal shall grant the licence to the most suitable applicant.
"(6) If regulations are made under the Broadcasting (Limited Licences) Fees Act 1988 prescribing a fee payable on the grant of a limited licence that is payable in accordance with a system of tendering, bidding or auction, subsection (5) ceases to have effect in relation to that licence while those regulations are in force and regulations may be made under this Act prescribing the rules that are to apply to the grant of that licence where there are 2 or more applicants for that licence, each of whom, but for the regulations, is a person to whom the Tribunal would be able to grant that licence.

Minister may revise service specifications before grant of licence
"83f. (1) Subject to subsection