Broadcasting (Limited Licences) Fees Regulations (Cth)

Statutory

Rules1991No. 80 1

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Broadcasting (Limited Licences) Fees Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Broadcasting (Limited Licences) Fees Act 1988.

 Dated 18 April 1991.

  BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

KIM C. BEAZLEY

Minister of State for Transport and Communications

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PART 1—PRELIMINARY

Citation

1.

These Regulations may be cited as the Broadcasting (Limited Licences) Fees Regulations.

Interpretation

2.

In these Regulations, unless the contrary intention appears:

“local information licence” means a limited licence granted for the purpose of providing an information service referred to in paragraph 81b (5) (a) of the Broadcasting Act;

“special event licence” means a limited licence granted for the purpose of providing a service referred to in subsection 81b (6) of the Broadcasting Act;

“text or graphic information licence” means a limited licence granted for the purpose of providing an information service referred to in paragraph 81b (5) (b) of the Broadcasting Act;

“the Act” means the Broadcasting (Limited Licences) Fees Act 1988;

“the Broadcasting Act” means the Broadcasting Act 1942.

PART 2—LOCAL INFORMATION LICENCES

Fees for the grant of a local information licence

3.

(1)  For the purposes of subsection 5 (1) of the Act, the fee payable on the grant of a local information licence is:

(a)

the amount calculated under subregulation (2); or

(b)

$3,300;

whichever is the lesser.

 (2)The amount for the purposes of paragraph (1) (a) is to be calculated using the following formula:

$1,400 + ($200 x A)

where:

“A” is the number of transmitters to be used by the holder of the local information licence.

Fees for renewal of a local information licence

 4. (1)  For the purposes of subsection 5 (4) of the Act and subject to subregulation (2), the fee payable on the renewal of a local information licence is $100.

 (2) If a person to whom a local information licence has been granted applies:

(a)

to renew the licence; and

• (b)

  to increase the number of transmitters to be used for the purposes of that licence;

the fee payable on the renewal of the licence is to be calculated using the following formula:

$100 + ($200 x A)

where:

“A” is the number of extra transmitters to be used for the purposes of the licence.

Fees for variation of a local information licence

 5.If a person to whom a local information licence has been granted applies to increase the number of transmitters to be used for the purposes of that licence before:

• (a)

  the end of the period for which the licence has been granted; or

• (b)

  the end of the period for which the licence has been renewed;

the fee payable is to be calculated using the following formula:

$200 x A

where:

“A” is the number of extra transmitters to be used for the purposes of the licence.

PART 3—SPECIAL EVENT LICENCES

Fees for the grant of a special event licence

6.

(1)  For the purposes of subsection 5 (1) of the Act, the fee payable on the grant of a special event licence is:

• (a)

  the amount calculated under subregulation (2); or

• (b)

  $3,300;

whichever is the lesser.

(2)

The amount for the purposes of paragraph (1) (a) is to be calculated using the following formula:

$1,400 + ($200 x A) + ($250 x B) + ($300 x C)

where:

“A” is the number of transmitters with an effective radiated power of not more than 1 watt to be used for the purposes of the licence;

“B” is the number of transmitters with an effective radiated power of more than 1 watt and not more than 25 watts to be used for the purposes of the licence;

“C” is the number of transmitters with an effective radiated power of more than 25 watts to be used for the purposes of the licence.

Fees for further grant of a special event licence where not less than 26 weeks notice is given

7.(1)   Despite regulation 6, for the purposes subsection 5 (1) of the Act, if:

• (a)

  a person has been granted a special event licence for the purposes of a particular special event; and

• (b)

  that person applies for a further special event licence not less than 26 weeks before a similar special event is to be presented in the same locality; and

• (c)

  that person proposes to use the same number and type of transmitters as were used for the purposes of the previous special event licence at that locality;

the fee payable by that person for the grant of that further special event licence is $100.

 (2) For the purposes subsection 5 (1) of the Act, if:

• (a)

  a person has been granted a special event licence for the purposes of a particular special event; and

• (b)

  that person applies for a further special event licence not less than 26 weeks before a similar special event is to be presented in the same locality; and

• (c)

  that person proposes to use more transmitters of a particular type for the purposes of the further licence than were used for the earlier licence at that locality;

the fee payable by that person for the grant of that further special event licence is to be calculated using the following formula:

$100 + ($200 x A) + ($250 x B) +($300 x C)

where:

“A” is the number of extra transmitters with an effective radiated power of not more than 1 watt, to be used for the purposes of the licence;

“B” is the number of extra transmitters with an effective radiated power of more than 1 watt and not more than 25 watts, to be used for the purposes of the licence;

“C” is the number of extra transmitters with an effective radiated power of more than 25 watts, to be used for the purposes of the licence.

Fees for variation of a special event licence

8.

If a person to whom a special event licence has been granted applies to increase the number of transmitters to be used for the purposes of that licence before the conclusion of the special event for which the licence has been granted, the fee payable is to be calculated using the following formula:

($200 x A) + ($250 x B) +($300 x C)

where:

“A” is the number of extra transmitters with an effective radiated power of not more than 1 watt to be used for the purposes of the licence;

“B” is the number of extra transmitters with an effective radiated power of more than 1 watt and not more than 25 watts to be used for the purposes of the licence;

“C” is the number of extra transmitters with an effective radiated power of more than 25 watts to be used for the purposes of the licence.

PART 4—TEXT OR GRAPHIC INFORMATION LICENCES

Fees for grant of text or graphic information licence

9.

For the purposes of subsection 5 (1) of the Act, the fee payable on the grant of a text or graphic information licence is $100.

Annual fees for text or graphic information licence

10.

(1)  For the purposes of subsection 6 (1) of the Act and subject to subregulation (2), the annual fee for a text or graphic information licence is $100.

 (2) If a text or graphic information licence is granted on 1 January in a particular year, the annual fee referred to in subregulation (1) is not payable in respect of that year.

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NOTE

1. Notified in the Commonwealth of Australia Gazette