BROADCASTING LEGISLATION AMENDMENT ACT 1988 No. 146 of 1988 - SECT 31
BROADCASTING LEGISLATION AMENDMENT ACT 1988 No. 146 of 1988 - SECT 31
31. After section 86D of the Principal Act the following sections are
inserted: Renewal of public licence
"86E. (1) The Tribunal shall not refuse to renew a public licence unless it is
required to do so by subsection (2), (3) or (4).
"(2) The Tribunal shall refuse to renew a public licence if the licensee has
failed to give an undertaking under subsection 86 (4).
"(3) The Tribunal shall refuse to renew a public 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 public 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
an 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;
(e) the undesirability of a person being in a position to exercise
control, within the meaning of Division 6 of Part IIIBA, of more than
one public radio licence or more than one public television licence;
(f) the undesirability of:
(i) the Commonwealth, a State or the Northern Territory or a
statutory authority of the Commonwealth, a State or a
Territory; or
(ii) a political party;
being in a position to exercise control, within the meaning of Division 6 of
Part IIIBA, of a public licence;
(g) 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;
(h) 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;
(j) the need to encourage members of the community to be served pursuant
to a public licence to participate in:
(i) the operations of the licensee in providing the service
pursuant to the licence; and
(ii) the selection and provision of programs to be broadcast
pursuant to the licence. Renewal of remote licence
"86F. (1) The Tribunal shall not refuse to renew a remote 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 remote licence if the licensee has
failed to give an undertaking under subsection 86 (4).
"(3) The Tribunal shall refuse to renew a remote 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 remote licence if it appears to the
Tribunal, having regard 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;
(e) the likelihood that, if the Tribunal renewed the licence, a person
would, in relation to the licence or the holder of the licence,
contravene an order of the Tribunal made for the purposes of section
92V;
(f) any relevant government policy statements;
(g) any matters prescribed by regulations for the purposes of this
paragraph; (h) any other matters or circumstances that the Tribunal
considers relevant.
"(5) The Tribunal may refuse to renew a remote licence if it is satisfied that
the licensee has unreasonably or repeatedly delayed paying an amount payable
by the licensee under a Fees Act. Renewal of limited licence
"86G. (1) Where a person applies for renewal of a limited licence, the
Tribunal may ask the applicant to give the Tribunal a written statement that
sets out an outline of the content and format of the programs the applicant
intends to broadcast if the licence is renewed.
"(2) The request shall be made in writing.
"(3) The Tribunal shall not renew a limited licence if it is satisfied that:
(a) renewal of the licence would be inconsistent with the conditions
applicable to the licence;
(b) the applicant is no longer a fit and proper person to hold the
licence;
(c) the applicant is no longer capable of complying with the conditions of
the licence;
(d) any relevant matters specified by regulations made for the purposes of
subsection 81C (1) have not been satisfied; or
(e) it is otherwise not in the public interest to renew the licence.
"(4) In exercising its powers under subsection (3), the Tribunal may have
regard to:
(a) any breach of the conditions of the licence by the licensee;
(b) any recommendation made by the Minister under subsection 86H (1);
(c) any outline provided by the licensee under subsection 82AC (1) or
subsection (1) of this section;
(d) the content and format of the programs broadcast by the licensee
pursuant to the licence;
(e) any failure by the licensee to provide an outline in accordance with
subsection (1);
(f) any delay by the licensee in paying amounts payable by the licensee
under a Fees Act;
(g) the likelihood that, if the Tribunal renewed the licence, a person
would, in relation to the licence or the holder of the licence,
contravene an order of the Tribunal made for the purposes of section
92VA; and
(h) any other matters or circumstances that the Tribunal considers
relevant. Minister may recommend non-renewal of limited licence
"86H. (1) Where:
(a) a limited licence has been granted for a particular period;
(b) less than half of the period has elapsed; and
(c) the Minister is satisfied, on technical or planning grounds, that the
licence should not be renewed; the Minister may recommend to the
Tribunal that the licence not be renewed.
"(2) The recommendation shall be made in writing.
"(3) The recommendation shall set out the grounds on which it is made.
"(4) The Minister shall give the licensee a copy of the recommendation within
7 days after making the recommendation.".
