Broadcasting (Charges) Determination 2007 (Cth)

Broadcasting (Charges) Determination 2007

as amended

made under subsection 60 (1) of the

Australian Communications and Media Authority Act 2005

This compilation was prepared on 24 August 2012
taking into account amendments up to Broadcasting (Charges) Amendment Determination 2012 (No. 1)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

1Name of Determination [see Note 1]   3

2Commencement [see Note 1]   3

3Interpretation   3

4Purpose of Determination   3

5Charge   4

6By whom and when is the charge payable   4

Schedule 1Charges payable   5

Part 1Charges relating to licences   5

Part 2Charges relating to implementation plans   6

Part 3Charges related to opinions   6

Notes 7

1. Name of Determination [see Note 1]

This Determination is the Broadcasting (Charges) Determination 2007.

1. Commencement [see Note 1]

This Determination commences on the day after it is registered.

1. Interpretation

(1)   In this Determination:

ACMA Act means the Australian Communications and Media Authority Act 2005.

Broadcasting Services Act means the Broadcasting Services Act 1992.

Commercial Television Conversion Scheme means the Commercial Television Conversion Scheme 1999, made under the Broadcasting Services Act.

(2) Terms used in this Determination and in the Broadcasting Services Act or the Commercial Television Conversion Scheme have the same meaning in this Determination as they have in the Broadcasting Services Act or the Commercial Television Conversion Scheme.

1. Purpose of Determination

(1)   Under subsection 60 (1) of the ACMA Act, the ACMA may make determinations fixing charges for:

(a)    services provided by the ACMA; and

(b) any matter in relation to which expenses are incurred by the ACMA under the Acts specified in the subsection (including the Broadcasting Services Act) or an instrument made under an Act specified in the subsection (other than the ACMA Act).

(2) Certain provisions of the Broadcasting Services Act provide for the ACMA to:

(a)    allocate or renew licences; and

(b)    give opinions.

(3)   Certain provisions of the Commercial Television Conversion Scheme provide for the ACMA to approve implementation plans.

(4)   This Determination:

(a)    fixes the charges that are to be applied in relation to the expenses incurred by the ACMA in carrying out the functions mentioned in subsections (2) and (3); and

(b)    specifies the persons by whom, and the times when, those charges are payable.

1. Charge

The charge for a matter mentioned in column 2 of an item in Schedule 1 is the amount mentioned in column 3 of that item.

1. By whom and when is the charge payable

The charges are payable by the applicant:

(a)    in the case of an hourly rate of charge — on the issue to the applicant of an invoice for the charge; and

(b)    in any other case — when the application is made.

Schedule 1        Charges payable

(section 5)

Part 1          Charges relating to licences

Column 1 Item	Column 2 Matter	Column 3 Charge
1	Considering and processing an application under section 121FA of the Broadcasting Services Act for an international broadcasting licence	$3 842
2	Considering and processing an application under clause 7 of Schedule 6 to the Broadcasting Services Act for a datacasting licence	$460
3	Considering and processing an application under section 40 of the Broadcasting Services Act for a non‑broadcasting services bands commercial television broadcasting licence or commercial radio broadcasting licence	$1 041
4	Considering and processing an application under section 46 of the Broadcasting Services Act for renewal of a commercial television broadcasting licence or commercial radio broadcasting licence	$598
5	Considering and processing an application under section 96 of the Broadcasting Services Act for a subscription television broadcasting licence	$1 287
6	Considering and processing an application for a commercial television broadcasting licence or commercial radio broadcasting licence to be allocated using a price‑based allocation system under subsection 36 (1) of the Broadcasting Services Act	$4 747
7	Considering and processing an application made under section 38A or 38B of the Broadcasting Services Act for an additional television licence in a 1 or 2 station market	$10 000

Part 2          Charges relating to implementation plans

Column 1 Item	Column 2 Matter	Column 3 Charge
1	Assessing and approving an implementation plan submitted under subsection 25 (1) of the Commercial Television Conversion Scheme	$985
2	Assessing and approving an application to vary an approved implementation plan submitted under subsection 38 (1) of the Commercial Television Conversion Scheme	$197 for each hour or part of an hour

Part 3          Charges related to opinions

Column 1 Item	Column 2 Matter	Column 3 Charge
1	Preparing and giving an opinion on application under section 21 of the Broadcasting Services Act	$14 775
2	Preparing and giving an opinion on application under section 74 of the Broadcasting Services Act	$14 775

Notes to the Broadcasting (Charges) Determination 2007

Note 1

The Broadcasting (Charges) Determination 2007 (in force under subsection 60 (1) of the Australian Communications and Media Authority Act 2005) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title	Date of FRLI registration	Date of commencement	Application, saving or transitional provisions
Broadcasting (Charges) Determination 2007	14 Feb 2007 (see F2007L00371)	15 Feb 2007
Broadcasting (Charges) Amendment Determination 2012 (No. 1)	18 June 2012 (see F2012L01229)	1 July 2012	—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected	How affected
S. 4.........................................	am. 2012 No. 1
S. 5.........................................	rs. 2012 No. 1
Schedule 1
Schedule 1............................	rs. 2012 No. 1