Document ID: chunk:federal_register_of_legislation:C2004A02490:body:0:p10
Version: federal_register_of_legislation:C2004A02490
Segment Type: other
Provision Reference: 
Character Range: 23672–26549

grant of the licence,
     the Tribunal shall, as soon as practicable after the expiration of the period first referred to in sub-section 82 (4) or 82a (13), as the case requires, hold an inquiry into the grant of the licence or, if it thinks fit, consider the application without holding an inquiry.

    "(2a) Where an applicant for a supplementary licence has lodged an application or applications under sub-section 82a (6) for the grant of a commercial translator licence or commercial translator licences, the Tribunal may, if it thinks fit, hold a joint inquiry into the grant of the supplementary licence and that commercial translator licence or any one or more of those commercial translator licences.";
     (c) by adding at the end of sub-section (3) "or 82a, as the case requires.";
     (d) by omitting sub-section (5) and substituting the following sub-sections:
    "(5) An applicant for a licence shall, at the inquiry into the grant of the licence or, if the Tribunal, in accordance with sub-section (2), considers the application without holding an inquiry, before the consideration by the Tribunal, give an undertaking in writing to the Tribunal that he will, if the licence is granted to him—
         (a) comply with the conditions of the licence; and
         (b) if the licence is a licence referred to in paragraph (a), (b), (g), (h), (k), (1) or (m) of the definition of 'licence' in sub-section 80 (1)-
               (i) provide an adequate and comprehensive service in pursuance of the licence, having regard to—
                   (a) the nature of the community to be served in pursuance of the licence;
                   (b) the diversity of the interests of that community; and
                   (c) the nature of the other broadcasting and television services (if any) of which satisfactory reception is being obtained by that community; and
               (ii) encourage the provision of programs wholly or substantially produced in Australia and use, and encourage the use of, Australian creative resources in and in connection with the provision of programs.
    "(6) The Tribunal shall not refuse to grant a licence to a person unless it has held an inquiry into the grant of the licence and—
         (a) the person has failed to give an undertaking in accordance with sub-section (5);
         (b) the Tribunal is satisfied that the grant of the licence 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 to grant the licence to the person:
               (i) it 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 effectively to operate the