BROADCASTING AMENDMENT ACT (No. 3) 1987 No. 184 of 1987 - SECT 22 Renewal of licences

BROADCASTING AMENDMENT ACT (No. 3) 1987 No. 184 of 1987 - SECT 22

22. (1) Section 86 of the Principal Act is amended:

   (a)  by omitting from subsection (11A) "(11D)" and substituting "(11D),
        (11DA)";
(b) by omitting from subsection (11B) "the licence" (first occurring) and
substituting "a licence (other than a public licence)"; and

   (c)  by inserting after subsection (11D) the following subsection:

"(11DA) The Tribunal shall refuse to renew a public licence if:

   (a)  the licensee has failed to give an undertaking under subsection (10);

   (b)  the Tribunal is satisfied that the renewal of the licence would be
        contrary to a provision of this Act; or

   (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 renew the licence:

        (i)    the Tribunal is satisfied that the licensee has failed to
               comply with an undertaking (if any) given under subsection (10)
               or 83 (5), as the case may be, in relation to the licence to be
               renewed;

        (ii)   the Tribunal is satisfied that the licensee:

                (A)  is no longer a fit and proper person to hold the licence;
                     or

                (B)  no longer has the financial, technical and management
                     capabilities necessary to provide an adequate and
                     comprehensive service pursuant to the licence;

        (iii)  the Tribunal is satisfied that a condition of the licence has
               not been complied with;

        (iv)   the need for the commercial viability of the service provided
               pursuant to the licence;

        (v)    the undesirability of a person being in a position to exercise
               control, within the meaning of Division 6, of more than one
               public radio licence or more than one public television
               licence;

        (vi)   the undesirability of:

                (A)  the Commonwealth, a State or the Northern Territory or a
                     statutory authority of the Commonwealth, a State or a
                     Territory; or

                (B)  a political party;
being in a position to exercise control, within the meaning of Division 6, of
a public licence;

        (vii)  the undesirability of a public licence being held by a
               corporation whose operations pursuant to the licence have been,
               or will be, conducted, either wholly or substantially, for the
               purpose of the acquisition by another person of profit or gain;

        (viii) the desirability of members of the community to be served
               pursuant to a public licence being in a position to exercise
               control of the licence;

        (ix)   the need to encourage members of the community to be served
               pursuant to a public licence to participate in:

                (A)  the operations of the licensee in providing the service
                     pursuant to the licence; and

                (B)  the selection and provision of programs to be broadcast
                     pursuant to the licence.".

(2) Subject to subsection (3), the amendments made by subsection (1) apply to
the renewal of a public licence after the commencement of this section
(including a renewal of a licence that was granted before the commencement of
this section).

(3) Subparagraph 86 (11DA) (c) (vi) of the Principal Act does not apply in
relation to the renewal, after the commencement of this section, of a licence
that:

   (a)  was granted before the commencement of this section; or

   (b)  is, after the commencement of this section, granted under section 99
        or 99A of the Broadcasting and Television Amendment Act 1985.