BROADCASTING LEGISLATION AMENDMENT ACT 1988 No. 146 of 1988 - SECT 30

BROADCASTING LEGISLATION AMENDMENT ACT 1988 No. 146 of 1988 - SECT 30

30. (1) Section 86 of the Principal Act is repealed and the following sections
are substituted: Renewal of licences-general

"86. (1) Subject to subsection (2), an application for the renewal of a
licence shall be lodged with the Tribunal not less than 20 weeks before the
expiration of the licence.

"(2) An application for the renewal of a limited licence may, with the
approval of the Tribunal, be lodged less than 20 weeks before the expiration
of the licence.

"(3) The application must be made in accordance with the regulations.

"(4) The licensee shall, before the licence is renewed, give a fresh
undertaking in writing to the Tribunal in the same terms as an undertaking
required to be given under subsection 83 (1).

"(5) Subsection (4) does not apply to a limited licence.

"(6) On the renewal of a licence, the Tribunal may vary or revoke any of the
conditions of the licence or impose further conditions.

"(7) The Tribunal shall not, under subsection (6), vary, revoke or impose a
condition relating to a matter referred to in the definition of 'service
specification' or 'technical condition' in subsection 4 (1). Renewal of
commercial licence

"86AA. (1) The Tribunal shall not refuse to renew a commercial licence unless
it is:

   (a)  required to do so by subsection (2), (3), (4) or (5); or

   (b)  authorised to do so by subsection (8), (9) or (10).

"(2) The Tribunal shall refuse to renew a commercial licence if the licensee
has failed to give an undertaking under subsection 86 (4).

"(3) The Tribunal shall refuse to renew a commercial 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 commercial licence if 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:

   (a)  the Tribunal is satisfied that the licensee has failed to comply with
        the undertaking (if any) given under subsection 83 (1) or 86 (4), as
        the case may be, in relation to the licence to be renewed;

   (b)  the Tribunal is satisfied that the licensee:

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

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

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

   (d)  the need for the commercial viability of the service provided pursuant
        to the licence.

"(5) Subject to subsection (6), the Tribunal shall refuse to renew a
commercial licence if the circumstances are such that, if the Tribunal renewed
the licence:

   (a)  the Tribunal would have reasonable grounds for believing that a person
        would be contravening section 90C, 92 or 92JB in circumstances that
        would constitute an offence against that section;

   (b)  a person would be contravening section 90F, 92C or 92JD; or

   (c)  a condition specified in section 90G or 92D would be contravened.

"(6) For the purposes of subsection (5), the Tribunal may disregard a
contravention of section 90C, 92 or 92JB by a person if satisfied that:

   (a)  as soon as practicable after the renewal of the licence the person
        will take all reasonable steps with a view to causing the
        contravention to cease; or

   (b)  the contravention will not result in the person being, within the
        meaning of Part IIIBA, in a position to control the company that holds
        the licence.

"(7) Where an implementation plan is applicable to a licensee in respect 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, that it is advisable in the public interest to refuse to renew
the licence:

   (a)  the Tribunal is satisfied that the licensee has failed to comply with
        the undertaking (if any) given under subsection 83 (1) or 86 (4), as
        the case may be, in relation to the licence to be renewed;

   (b)  the Tribunal is satisfied that the licensee:

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

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

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

   (d)  the need for the commercial viability of the service provided pursuant
        to the licence.

"(5) The Tribunal may refuse to renew a supplementary radio licence if it is
satisfied that the licensee has unreasonably or repeatedly delayed paying an
amount payable by the licensee under the Radio Licence Fees Act 1964.".

(2) Section 86 of the Principal Act continues to apply, after the commencement
of this subsection and until 1 March 1989, in relation to the renewal of a
re-broadcasting or re-transmission licence as if the amendment made by
subsection (1) had not been made.