Statutory
Rules1992No. 126 1
__________________
Broadcasting
(Limited Licences) Fees Regulations 2(Amendment)
I,
THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice
of the Federal Executive Council, make the following Regulations under the Broadcasting
Act 1942 and the Broadcasting (Limited Licences) Fees Act 1988.
Dated 7 May 1992.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
GRAHAM RICHARDSON
Minister of State for Transport and
Communications
____________
1. Amendment
1.1 The
Broadcasting (Limited Licences) Fees Regulations are amended as set out in
these Regulations.
[NOTE:
These
Regulations commence on gazettal: see Acts
Interpretation Act 1901, s. 48]
2. Regulation
1 (Citation)
2.1 Omit
“Fees”.
3. Regulation
2 (Interpretation)
3.1 Insert
the following definitions:
“‘broadcasts
on an AM frequency’ means broadcasts using amplitude modulation on the
medium frequency band;
‘racing’
means:
(a)thoroughbred horse racing; or
(b)harness horse racing; or
(c)greyhound racing; or
(d)any other form of racing;
‘racing
and betting information’ means the following information:
(a)descriptions of the running of races;
(b)race results;
(d)pre-race information, including:
(i) the form of the runners; and
(ii) tips about the runners; and
(iii) the names of runners that have been scratched;
and
(iv) the betting odds being offered on the runners;
(e)information about forthcoming race meetings;
- (f)
information about other activities or events in relation to which a
TAB established under a law in force in a State or Territory is legally
authorised to accept bets from the public;
- (g)
information incidental to the matters contained in paragraphs
(a), (b), (c), (d), (e) and (f) including:
(i) interviews; and
(ii) commentaries; and
(iii) news;
about aspects of racing and
betting;
‘racing
and betting information licence’ means a limited licence granted for the
broadcast by radio of, primarily, racing and betting information;
‘TAB’
means Totalisator Agency Board or Totalisator Administration Board;”.
4. New
Part 5
4.1 After
Part 4, add:
“PART
5—RACING AND BETTING INFORMATION LICENCES
Racing
and betting information licences
“11. For the purposes of subsection 81c (1)
of the Broadcasting Act, broadcasting racing and betting information is a
purpose for which a limited licence may be granted.
Qualifications
of licensees
“12. For the purposes of paragraph 81c (2) (a)
of the Broadcasting Act, before the Tribunal grants a racing and betting
information licence, the Tribunal must be satisfied that the applicant:
- (a)
has the management, financial and other resources necessary to
provide the service to which the licence applies; and
- (b)
has, or is able to gain, access to an appropriate range of
information about racing and betting or about other activities or events in
relation to which a TAB established under a law in force in a State or
Territory is authorised to accept bets from the public.
Additional
conditions that apply to racing and betting information licences
“13.(1) A
person who has been granted a racing and betting information licence must
broadcast, primarily, racing and betting information.
“(2)During intervals between the broadcast of racing and betting
information, the person may broadcast prerecorded music.
Fees
for grant of racing and betting information licence
“14.(1) The
fee in dollars payable on the grant of a racing and betting information licence
for broadcasts on an FM frequency must be ascertained in accordance with the
formula:
(6,700
x watts) + (900 x large transmitters) + (750 x medium transmitters) + (600 x small transmitters)
where:
‘watts’
is the total wattage of effective radiated power, expressed in kilowatts, of
all the transmitters to be operated under the licence;
‘large
transmitters’ is the number of transmitters with an effective radiated
power of more than 250 watts to be used for the purposes of the licence;
‘medium
transmitters’ is the number of transmitters with an effective radiated
power of more than 100 watts and not more than 250 watts to be used for the
purposes of the licence;
‘small
transmitters’ is the number of transmitters with an effective radiated
power of not more than 100 watts to be used for the purposes of the licence.
“(2)The fee in dollars payable on the grant of a racing and betting
information licence for broadcasts on an AM frequency must be ascertained in
accordance with the formula:
(33,500
x watts) + (900 x large transmitters)+ (600 x small transmitters)
where:
‘watts’
is the total wattage of effective radiated power, expressed in kilowatts, of
all the transmitters to be operated under the licence;
‘large
transmitters’ is the number of transmitters with an effective radiated
power of more than 500 watts to be used for the purposes of the licence;
‘small
transmitters’ is the number of transmitters with an effective radiated
power of not more than 500 watts to be used for the purposes of the licence.
Fees
for variation of racing and betting information licence
“15.(1) If,
after the grant of a licence, a licensee proposes to increase the number of
transmitters using an FM frequency for the purposes of the licence during the
licence period, the fee in dollars payable for varying the licence must be
ascertained in accordance with the following formula:
(6,700
x watts) + (900 x large transmitters) + (750 x medium transmitters) + (600 x small transmitters)
where:
‘watts’
is the total wattage of effective radiated power, expressed in kilowatts, of
all the extra transmitters to be operated under the licence;
‘large
transmitters’ is the number of extra transmitters with an effective
radiated power of more than 250 watts to be used for the purposes of the
licence;
‘medium
transmitters’ is the number of extra transmitters with an effective
radiated power of more than 100 watts and not more than 250 watts to be used
for the purposes of the licence;
‘small
transmitters’ is the number of extra transmitters with an effective
radiated power of not more than 100 watts to be used for the purposes of the
licence.
“(2)If, after the grant of a licence, a licensee proposes to increase
the number of transmitters for broadcasts on an AM frequency for the purposes
of the licence during the licence period, the fee in dollars payable for
varying the licence must be ascertained in accordance with the following
formula:
(33,500
x watts) + (900 x large transmitters)
+
(600 x small transmitters)
where:
‘watts’
is the total wattage of effective radiated power, expressed in kilowatts, of
all the transmitters to be operated under the licence;
‘large
transmitters’ is the number of extra transmitters with an effective
radiated power of more than 500 watts to be used for the purposes of the
licence;
‘small
transmitters’ is the number of extra transmitters with an effective
radiated power of not more than 500 watts to be used for the purposes of the
licence.
“(3)If a licensee proposes to increase the power of any transmitter to
which a racing and betting information licence for broadcasts on an FM
frequency relates, an additional fee is payable ascertained in accordance with
the formula:
(900
x large transmitters) + (750 x medium transmitters)
+ (600 x small transmitters)
where:
‘large
transmitters’ is the number of transmitters whose power is to be increased
to an effective radiated power of more than 250 watts;
‘medium
transmitters’ is the number of transmitters whose power is to be increased
to an effective radiated power of more than 100 watts and not more than 250
watts;
‘small
transmitters’ is the number of transmitters whose power is to be increased
to an effective radiated power of not more than 100 watts.
“(4)If a licensee proposes to increase the power of any transmitter to
which a racing and betting information licence for broadcasts on an AM
frequency relates, an additional fee is payable in dollars ascertained in
accordance with the formula:
(900
x large transmitters) + (600 x small transmitters)
where:
‘large
transmitters’ is the number of transmitters whose power is to be increased
to an effective radiated power of more than 500 watts;
‘small
transmitters’ is the number of transmitters whose power is to be increased
to an effective radiated power of not more than 500 watts.
Fee
for renewal of racing and betting information licence
“16.The
fee for renewal of a racing and betting information licence is $100.
Annual
fees for racing and betting information licence
“17.(1) The
annual fee in dollars payable for a racing and betting information licence for
broadcasts on an FM frequency must be ascertained in accordance with the
formula:
(900
x large transmitters)+ (750 x medium transmitters)
+
(600 x small transmitters)
where:
‘large
transmitters’ is the number of transmitters with an effective radiated
power of more than 250 watts to be used for the purposes of the licence;
‘medium
transmitters’ is the number of transmitters with an effective radiated
power of more than 100 watts and not more than 250 watts to be used for the
purposes of the licence;
‘small
transmitters’ is the number of transmitters with an effective radiated
power of not more than 100 watts to be used for the purposes of the licence.
“(2)The annual fee in dollars payable for a racing and betting
information licence for broadcasts on an AM frequency must be ascertained in
accordance with the formula:
(900
x large transmitters) + (600 x small transmitters)
where:
‘large
transmitters’ is the number of transmitters with an effective radiated
power of more than 500 watts to be used for the purposes of the licence;
‘small
transmitters’ is the number of transmitters with an effective radiated
power of not more than 500 watts to be used for the purposes of the licence.
“(3)The annual fee for a licence is payable in addition to any renewal
fee that is payable for the licence.”.
____________________________________________________________
NOTES
1. Notified
in the Commonwealth of Australia Gazette on 14 May 1992.
2. Statutory
Rules 1991 No. 80.