Broadcasting Stations Licence Fees Amendment Act 1985 (Cth)

Broadcasting Stations Licence Fees

Amendment Act 1985

N o. 68 of 1985

An Act to amend the Broadcasting Stations Licence Fees Act

1964

[Assented to 5 June 1985]

BE IT E N A C T E D by the Queen, and the Senate and the House of

Representatives of the Commonwealth of Australia, as follows:

licences".

Short title, &c.

1. (1) This Act may be cited as the Broadcasting Stations Licence Fees

Amendment Act 1985.

(2) The Broadcasting Stations Licence Fees Act 19641 is in this Act

referred to as the Principal Act.

Commencement

2. This Act shall come into operation on 1 January 1986.

Title

3. The title of the Principal Act is repealed and the following title is

substituted:

"An Act to provide for the payment of fees in respect of certain radio

Broadcasting Stations Licence Fees Amendment No. 68, 1985

Short title

4. Section 1 of the Principal Act is amended by omitting "Broadcasting

Stations" and substituting "Radio".

Incorporation of Broadcasting Act

5. Section 3 of the Principal Act is amended by omitting "and Television".

Interpretation

6. Section 4 of the Principal Act is amended by omitting from sub-section (1) the definitions of "gross earnings" and "licence" and substituting the following definitions:

" 'gross earnings', in respect of a licence in respect of a period, means—

(a)

in a case to which paragraph (b) does not apply—the gross earnings of the licensee during that period in respect of the broadcasting pursuant to the licence of advertisements or other matter, including the gross earnings of the licensee during that period in respect of the provision by the licensee of, or otherwise in respect of, matter broadcast pursuant to the licence; or

(b)

in the case of a licence to which sub-section 81 (6) of the Broadcasting Act 1942 applies—the aggregate amount of the gross earnings during that period in respect of the broadcasting pursuant to the licence of advertisements or other matter of all the persons who, at any time during that period, are co-owners of the licence, including the gross earnings of those persons during that period in respect of the provision by any or all of those persons of, or otherwise in respect of, matter broadcast pursuant to the licence;

'licence' means a commercial radio licence, a remote radio licence or a supplementary radio licence.".

Licence fees

7. Section 5 of the Principal Act is amended by omitting "by the licensee of

a commercial broadcasting station," and substituting "by a licensee, by way of

tax".

Amount of fees

8. Section 6 of the Principal Act is amended—

(a)	by omitting from sub-section (2) "of the station to which the licence relates" and substituting "in respect of the licence";
(b)	by omitting from sub-section (2A) "of a commercial broadcasting station" and substituting "in respect of a licence";
(c)	by omitting sub-section (3) and substituting the following sub-section:

"(3) Where a licensee has, in accordance with sub-section 123 (2) of the Broadcasting Act 1942, adopted an accounting period ending on a day other than 30 June, the reference in sub-section (2) of this section to 30 June shall, in relation to the licence, be read as a reference to that other day."; and

Broadcasting Stations Licence Fees Amendment No. 68, 1985

(d) by omitting from sub-section (4) "of a commercial broadcasting station" and substituting "in respect of a licence".

Earnings of subsidiary companies, &c.

9. Section 7 of the Principal Act is amended—

(a)	by omitting from paragraph (a) "the licensee of a commercial broadcasting station" and substituting "a licensee";
(b)	by omitting from paragraph (a) "of the station" and substituting "in respect of the licence"; and
(c)	by omitting from paragraph (b) "of the station" and substituting "in respect of the licence".

Repeal of section 8

10. Section 8 of the Principal Act is repealed.

Transitional

11. (1) Notwithstanding the amendments made by this Act, the previous

Fees Act continues to apply in relation to old system licences.

(2) In this section—

"old system licence" means—

(a)	a licence for a commercial broadcasting station within the meaning of the previous Broadcasting Act; or
(b)	a supplementary broadcasting licence within the meaning of the previous Broadcasting Act;

"previous Fees Act" means the Principal Act as in force immediately before

the commencement of this Act;

"previous Broadcasting Act" means the Broadcasting Act 1942 as in force

immediately before the commencement of this Act.

NOTE

1. No. 119, 1964, as amended. For previous amendments, see No. 93, 1966; No. 148, 1973; No. 188, 1976; No. 94, 1977; No. 50, 1978; Nos. 114 and 168, 1981; No. 155, 1982; and No. 58, 1983.

[Minister's second reading speech made in—

House of Representatives on 15 May 1985

Senate on 28 May 1985