Broadcasting Amendment Act (No. 2) 1987 (Cth)

Broadcasting Amendment Act (No. 2) 1987

No. 80 of 1987

An Act to amend the Broadcasting Act 1942,and for related purposes

[Assented to 5 June 1987]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.

1. (1) This Act may be cited as the Broadcasting Amendment Act (No. 2) 1987.

(2) The Broadcasting Act 19421 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on a day to be fixed by Proclamation.

 

Renewal of licences

3. Section 86 of the Principal Act is amended by omitting from subsection (11d) “failed to pay” and substituting “unreasonably or repeatedly delayed paying”.

Suspension and revocation of licences

4. Section 88 of the Principal Act is amended by omitting from paragraph (1) (b) “failed to pay” and substituting “unreasonably or repeatedly delayed paying”.

5. After section 123 of the Principal Act the following section is inserted:

Penalty for unpaid licence fees

“123a. (1) If an amount of licence fee remains unpaid after the end of the period of 2 months beginning on the due date, an additional fee is due and payable by way of penalty by the holder of the licence at the rate of 20% per annum on the amount unpaid, computed from the due date.

“(2) Where an additional fee is due and payable by the holder of the licence under this section in relation to an amount of licence fee and an authorised person:

(a) is satisfied that:

(i) the circumstances that contributed to the delay in payment of the amount were not due to, or caused directly or indirectly by, an act or omission of the holder of the licence; and

(ii) the holder of the licence has taken reasonable action to mitigate, or mitigate the effects of, those circumstances;

(b) is satisfied that:

(i) the circumstances that contributed to the delay in payment of the amount were due to, or caused directly or indirectly by, an act or omission of the holder of the licence;

(ii) the holder of the licence has taken reasonable action to mitigate, or mitigate the effects of, those circumstances; and

(iii) having regard to the nature of those circumstances, it would be fair and reasonable to remit the additional fee or part of the additional fee; or

(c) is satisfied that there are special circumstances by reason of which it would be fair and reasonable to remit the additional fee or part of the additional fee;

the authorised person may remit the additional fee or part of the additional fee.

“(3) Where judgment is given by, or entered in, a court for the payment of:

(a) an amount of licence fee; or

(b) an amount that includes an amount of licence fee;

then:

 

(c) the amount of licence fee shall not be taken, for the purposes of subsection (1), to have ceased to be due and payable by reason only of the giving or entering of the judgment; and

(d) if the judgment debt carries interest, the additional fee that would, but for this paragraph, be payable under this section in relation to the amount of licence fee shall, by force of this paragraph, be reduced by:

(i) if paragraph (a) applies—the amount of the interest; or

(ii) if paragraph (b) applies—an amount that bears the same proportion to the amount of the interest as the amount of licence fee bears to the amount of the judgment debt.

“(4) Notwithstanding anything contained in this section, any amount of unpaid licence fee may be recovered immediately after the due date.

“(5) Subject to subsection (6), the due date in relation to a licence fee is the day on which the fee becomes payable.

“(6) Where:

(a) an amount of licence fee becomes payable by the holder of a licence in respect of a particular period; and

(b) the day on which the licence fee becomes payable occurs before the day (in this subsection called the ‘return date’) by which the holder of the licence is required by section 123 to furnish to the Tribunal:

(i) an audited balance-sheet and profit and loss account in respect of the service provided pursuant to the licence for that period; and

(ii) a statutory declaration stating the gross earnings in respect of the licence during that period;

the due date in relation to the licence fee is the day immediately following the return date.

“(7) In this section:

‘authorised person’ means:

(a) the Minister; or

(b) an officer authorised by the Minister in writing for the purposes of this section;

‘licence fee’ means a fee payable by the holder of a licence under the Radio Licence Fees Act 1964 or the Television Licence Fees Act 1964.”.

Amendments of Broadcasting and Television Act 1942 as in force immediately before 1 January 1986 for the purposes of its continued application to old system licences

6. For the purposes of the continued application, by virtue of section 98 of the Broadcasting and Television Amendment Act 1985, of the Broadcasting and Television Act 1942 as in force immediately before 1 January 1986, the Broadcasting and Television Act 1942 as in force

 

immediately before 1 January 1986 is amended as set out in the Schedule to this Act.

Application of amendments

7. Additional fees payable by virtue of the amendments made by this Act are payable only in relation to amounts of licence fee that become payable after the commencement of this Act.

SCHEDULE Section 6

AMENDMENTS OF THE BROADCASTING AND TELEVISION ACT 1942 AS IN FORCE IMMEDIATELY BEFORE 1 JANUARY 1986 FOR THE PURPOSES OF ITS CONTINUED APPLICATION TO OLD SYSTEM LICENCES

Subsection 86 (11d):

Omit “failed to pay”, substitute “unreasonably or repeatedly delayed paying”.

Paragraph 88 (1) (b):

Omit “failed to pay”, substitute “unreasonably or repeatedly delayed paying”.

After section 106:

Insert the following section:

Penalty for unpaid licence fees

“106aa. (1) If an amount of licence fee remains unpaid after the end of the period of 2 months beginning on the due date, an additional fee is due and payable by way of penalty by the holder of the licence at the rate of 20% per annum on the amount unpaid, computed from the due date.

“(2) Where an additional fee is due and payable by the holder of the licence under this section in relation to an amount of licence fee and an authorised person:

(a) is satisfied that:

(i) the circumstances that contributed to the delay in payment of the amount were not due to, or caused directly or indirectly by, an act or omission of the holder of the licence; and

(ii) the holder of the licence has taken reasonable action to mitigate, or mitigate the effects of, those circumstances;

(b) is satisfied that:

(i) the circumstances that contributed to the delay in payment of the amount were due to, or caused directly or indirectly by, an act or omission of the holder of the licence;

(ii) the holder of the licence has taken reasonable action to mitigate, or mitigate the effects of, those circumstances; and

(iii) having regard to the nature of those circumstances it would be fair and reasonable to remit the additional fee or part of the additional fee; or

(c) is satisfied that there are special circumstances by reason of which it would be fair and reasonable to remit the additional fee or part of the additional fee;

the authorised person may remit the additional fee or part of the additional fee.

“(3) Where judgment is given by, or entered in, a court for the payment of:

(a) an amount of licence fee; or

(b) an amount that includes an amount of licence fee;

SCHEDULE—continued

then:

(c) the amount of licence fee shall not be taken, for the purposes of subsection (1), to have ceased to be due and payable by reason only of the giving or entering of the judgment; and

(d) if the judgment debt carries interest, the additional fee that would, but for this paragraph, be payable under this section in relation to the amount of licence fee shall, by force of this paragraph, be reduced by:

(i) if paragraph (a) applies—the amount of the interest; or

(ii) if paragraph (b) applies—an amount that bears the same proportion to the amount of the interest as the amount of licence fee bears to the amount of the judgment debt.

“(4) Notwithstanding anything contained in this section, any amount of unpaid licence fee may be recovered immediately after the due date.

“(5) Subject to subsection (6), the due date in relation to a licence fee is the day on which the fee becomes payable.

“(6) Where:

(a) an amount of licence fee becomes payable by the holder of a licence in respect of a particular period; and

(b) the day on which the licence fee becomes payable occurs before the day (in this subsection called the ‘return date’) by which the holder of the licence is required by section 106 to furnish to the Tribunal:

(i) an audited balance-sheet and profit and loss account in respect of the relevant station for that period; and

(ii) a statutory declaration stating the gross earnings of the relevant station during that period;

the due date in relation to the licence fee is the day immediately following the return date.

“(7) In this section:

‘authorised person’ means:

(a) the Minister; or

(b) an officer authorised by the Minister in writing for the purposes of this section;

‘licence fee’ means a fee payable by the holder of a licence under:

(a) the Broadcasting Stations Licence Fees Act 1964; or

(b) the Television Stations Licence Fees Act 1964;

as in force immediately before 1 January 1986.”.

 

NOTE

1. No. 33, 1942, as amended. For previous amendments, see No. 39, 1946; No. 64, 1948; No. 80, 1950; No. 41, 1951; No. 12, 1953; No. 82, 1954; Nos. 33, 65 and 92, 1956; No. 36, 1960 (as amended by No. 32, 1961); No. 96, 1962; No. 82, 1963; Nos. 67 and 121, 1964; Nos. 38 and 120, 1965; No. 57, 1966; No. 47, 1967; No. 69, 1968; Nos. 21 and 31, 1969; Nos. 8, 72 and 136, 1971; No. 49, 1972; No. 50, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 55, 1974; No. 56, 1975; Nos. 89, 157 and 187, 1976; No. 160, 1977; Nos. 36, 52 and 210, 1978; Nos. 143 and 177, 1980; Nos. 61, 113 and 153, 1981; No. 154, 1982; Nos. 7, 37, 39, 91 and 136, 1983; Nos. 10, 63, 72, 163 and 165, 1984; Nos. 66 and 191, 1985; No. 2, 1986; and Nos. 68 and 79, 1987.

[Minister’s second reading speech made in—

House of Representatives on 25 February 1987

Senate on 23 March 1987