Document ID: chunk:federal_register_of_legislation:C2004A02490:body:0:p19
Version: federal_register_of_legislation:C2004A02490
Segment Type: other
Provision Reference: 
Character Range: 46705–49611

not refuse to give consent to the transfer of a licence.
    "(1d) Subject to sub-section (1b), the Tribunal shall refuse to give consent to the transfer of a licence to a person if—
         (a) the person has failed to give an undertaking under sub-section (1a);

         (b) the Tribunal is satisfied that the giving of the consent 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 consent:
               (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 relevant broadcasting station or television station, as the case may be; and
                   (c) is otherwise capable of complying with the conditions of the licence;
               (ii) where—
                   (a) the licence is a commercial licence (other than a licence for a metropolitan commercial broadcasting station as defined by sub-section 90 (1) or a licence referred to in paragraph 92 (1) (c)); and
                   (b) in the opinion of the Tribunal, in the area to be served in pursuance of the licence, satisfactory reception is being obtained of programs from one or more broadcasting or television stations operated by virtue of a licence or licences to which sub-sub-paragraph (a) applies,
               the need to avoid undue concentration of influence, whether direct or indirect, on the person and on the company or companies holding the other licence or licences; or
         (d) the circumstances are such that, if the Tribunal gave consent—
               (i) the Tribunal would have reasonable grounds for believing that a person would be contravening section 90c or 92 in circumstances that would constitute an offence against that section;
               (ii) a person would be contravening section 90f or 92c; or
               (iii) a condition specified in section 90g or 92d would be contravened.
    "(1e) For the purposes of paragraph (1d) (d), 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 transfer of the licence the person will take all reasonable steps with a view to causing the contravention to cease; or

         (b) in the case of a contravention by a person other than the transferee—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 transferee.
    "(1f) The Tribunal shall refuse—
         (a) to give consent to the transfer of a commercial licence related to a supplementary licence by the licensee to another person unless the supplementary licence