Document ID: chunk:federal_register_of_legislation:C2004A03739:body:0:p27
Version: federal_register_of_legislation:C2004A03739
Segment Type: other
Provision Reference: 
Character Range: 67520–70243

of a commercial television licence, the Tribunal shall, in determining for the purposes of subsection (4) whether the licensee has failed to comply with the undertaking (if any) given under subsection 83 (1) or 86 (4) in relation to the licence, have regard to the terms of the implementation plan.
"(8) The Tribunal may refuse to renew a commercial licence if it is satisfied that the licensee has unreasonably or repeatedly delayed paying an amount payable by the licensee under a Fees Act.
"(9) Where an MCS permit has been granted in respect of a commercial television licence, the Tribunal may refuse to renew the licence if the Tribunal is satisfied that:
     (a) the licensee has failed to comply with:
         (i) a condition of the permit; or
         (ii) an undertaking given under subsection 94v (5) or 94x (3) in relation to the permit; and
     (b) it is advisable in the public interest, having regard to that failure, that the licence not be renewed.
"(10) Where an implementation plan is applicable to a licensee in respect of a commercial television licence, the Tribunal may refuse to renew the licence if the Tribunal is satisfied that:
     (a) the licensee has failed to a significant extent to comply with the implementation plan; and
     (b) it is advisable in the public interest, having regard to that failure, that the licence not be renewed.
"(11) Before the Tribunal refuses to renew a licence under subsection (10):
     (a) the Chairman of the Tribunal shall give the Minister written notice that the Tribunal is satisfied as to the matters referred to in paragraphs (10) (a) and (b) in relation to the licence; and
     (b) the Tribunal shall have regard to any representations made by the Minister.

"(12) Without limiting subsection (11), the Minister may include, in representations made pursuant to that subsection in relation to a licence, details of any proposed variations of the implementation plan applicable to the licensee in respect of the licence.

Renewal of supplementary radio licence
"86ab. (1) The Tribunal shall not refuse to renew a supplementary radio licence unless it is:
     (a) required to do so by subsection (2), (3) or (4); or
     (b) authorised to do so by subsection (5).
"(2) The Tribunal shall refuse to renew a supplementary radio licence if the licensee has failed to give an undertaking under subsection 86 (4).
"(3) The Tribunal shall refuse to renew a supplementary radio licence if the Tribunal is satisfied that the renewal of the licence would be contrary to a provision of this Act.
"(4) The Tribunal shall refuse to renew a supplementary radio licence if it appears to the Tribunal, having regard only to the following matters or circumstances,