Commonwealth Numbered Acts

BROADCASTING SERVICES ACT 1992 No. 110 of 1992 - SECT 41

41.(1) For the purposes of this Part, a company is a suitable licensee or a
suitable applicant for a licence if the ABA has not decided that subsection
(2) applies to the company.

(2) The ABA may, if it is satisfied that allowing a particular company to
provide or continue to provide commercial broadcasting services under a
licence would lead to a significant risk of:

   (a)  an offence against this Act or the regulations being committed; or

   (b)  a breach of the conditions of the licence occurring; decide that this
        subsection applies to the company.

(3) In deciding whether such a risk exists, the ABA is to take into account:

   (a)  the business record of the company; and

   (b)  the company's record in situations requiring trust and candour; and

   (c)  the business record of each person who is, or would be, if a licence
        were allocated to the applicant, in a position to control the licence;
        and

   (d)  the record in situations requiring trust and candour of each such
        person; and

   (e)  whether the company, or a person referred to in paragraph (c) or (d),
        has been convicted of an offence against this Act or the regulations.