Datacasting Charge (Amount) Determination 2001 (Cth)

Datacasting Charge (Amount) Determination 2001

as amended

made under section 7 (1) of the

Datacasting Charge (Imposition) Act 1998

This compilation was prepared on 15 September 2008
taking into account amendments up to Datacasting Charge (Amount) Amendment Determination 2008 (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

3Definitions   3

4Amount of charge   3

Notes 5

1. Name of Determination [see Note 1]

This Determination is the Datacasting Charge (Amount) Determination 2001.

2              Commencement [see Note 1]

This Determination commences on gazettal.

1. Definitions

In this Determination:

Act means the Datacasting Charge (Imposition) Act 1998.

last charge calculation period, in relation to a licensee, means the last period of 12 months used by the licensee to calculate its gross earnings for section 6 of the Television Licence Fees Act 1964 that ended during the financial year for which charge is imposed.

Note   The licensee uses that period of 12 months in its capacity as the holder of a commercial television broadcasting licence to which the Television Licence Fees Act 1964 applies: see subsections 6 (2) and (3) of that Act.

Licensee means the holder of a transmitter licence.

transmitter licence means a transmitter licence to which section 6 of the Act applies.

1. Amount of charge

(1)   For subsection 7 (1) of the Act, the amount of charge imposed on a transmitter licence in respect of a financial year is:

where:

D is the licensee’s gross earnings, for the last charge calculation period, from datacasting services provided using a transmitter.

T is the licensee’s gross earnings, within the meaning of the Television Licence Fees Act 1964, for the last charge calculation period.

X is the relevant percentage of gross earnings, for subsection 6 (2A) of the Television Licence Fees Act 1964, for the last charge calculation period.

Y is worked out by:

(a)    adding amounts D and T; and

(b) applying subsection 6 (2A) of the Television Licence Fees Act 1964 as if the sum of amounts D and T were gross earnings, for the purposes of that Act, for the last charge calculation period.

Note   X and Y are percentages: see subsection 6 (2A) of the Television Licence Fees Act 1964.

(2)   If amount D or T includes an amount of cents in addition to whole dollars, the cents are to be disregarded.

Notes to the Datacasting Charge (Amount) Determination 2001

Note 1

The Datacasting Charge (Amount) Determination 2001 (in force under section 7 (1) of the Datacasting Charge (Imposition) Act 1998) as shown in this compilation is amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.

Table of Instruments

Title	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
Datacasting Charge (Amount) Determination 2001	27 June 2001 (see Gazette 2001, No. GN25)	27 June 2001
Datacasting Charge (Amount) Amendment Determination 2008 (No. 1)	13 May 2008 (see F2008L01370)	14 May 2008	—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected	How affected
S. 4.........................................	am. 2008 No. 1