s 39 Objection to existing control of broadcasting company
39.—(1) The Minister may serve a written notice of objection on any person mentioned in section 35 or 36 if the Minister is satisfied that —(a) any condition of approval imposed on the person under section 37(2) has not been complied with; (b) the person ceases to be a fit and proper person; (c) having regard to the person’s likely influence, the broadcasting company is no longer likely to conduct its business prudently or to comply with the provisions of this Act; (d) it is no longer in the national interest to allow the person to continue to be a party to the agreement or arrangement described in section 35(3) or (4), or to continue to be a substantial shareholder, a 12% controller or an indirect controller, as the case may be; (e) the person has provided false or misleading information or documents in connection with an application under section 35 or 36; or (f) the Minister would not have granted his or her approval under section 37 had the Minister been aware, at that time, of the circumstances relevant to the person’s application for the approval. (2) Before serving a written notice of objection, the Minister must, unless he or she decides that it is not practicable or desirable to do so, cause to be given to the person concerned written notice of the Minister’s intention to serve the written notice of objection, specifying a date by which the person may make written representations with regard to the proposed written notice of objection. (3) Upon receiving the written representations of any person mentioned in subsection (2), the Minister must consider the written representations for the purpose of determining whether to issue a written notice of objection. (4) The Minister must, in any written notice of objection, specify a reasonable period within which the person to be served the written notice of objection must —(a) take such steps as are necessary to ensure that the person ceases to be a party to the agreement or arrangement described in section 35(3) or (4), or ceases to be a substantial shareholder, a 12% controller or an indirect controller, as the case may be; or (b) comply with any direction or restriction that the Minister may make under section 40. (5) Any person served with a written notice of objection under this section must comply with the notice.