Datacasting Charge (Late Payment Penalty) Determination 2001 (Cth)

Datacasting Charge (Late Payment Penalty) Determination 2001

The AUSTRALIAN BROADCASTING AUTHORITY makes this Determination under subclause 51(3) of Schedule 4 to the Broadcasting Services Act 1992.

Date 20 December 2001

   D Flint [Signed]

Chairman

Australian Broadcasting Authority

1       Name of Determination

This Determination is the Datacasting Charge (Late Payment Penalty) Determination 2001.

2       Commencement

This Determination commences on gazettal.

3       Interpretation

In this Determination:

charge means a charge imposed by section 6 of the Datacasting Charge (Imposition) Act 1998.

charge component of judgment debt means the amount determined by the court to be the amount of charge unpaid.

due date in relation to a charge means the date each year on which a charge becomes payable under the Datacasting Charge (Due and Payable) Determination 2001.

interest on judgment debt means the dollar amount representing the amount of interest payable on the judgment debt at the time the debt is paid.

late payment penalty has the same meaning as in clause 51 of Schedule 4 to the Broadcasting Services Act 1992.

licensee means the holder of a transmitter licence.

transmitter licence means a transmitter licence issued under the Radiocommunications Act 1992 and in respect of which a charge is imposed under section 6 of the

Datacasting Charge (Imposition) Act 1998.

1. Late payment penalty

(1)If an amount of charge remains unpaid after the due date, a late payment penalty is due and payable by the licensee at the rate of 20% per annum on the unpaid amount,   worked out from the due date, unless subclause (2) or (3) applies in relation to the amount unpaid.

(2)If:

(a)an amount of charge is specified in a notice under regulation 5(2)(f) of the Broadcasting Services (Datacasting Charge) Regulations 2001 as an amount unpaid; and

(b)the notice does not contain a statement that the ABA is satisfied that the licensee deliberately miscalculated the amount of the charge; and

(c)the amount unpaid is not paid within 21 days after the day the notice was issued;

then:

(d)this subclause applies in relation to the amount unpaid; and

(e)late payment penalty is due and payable by the licensee, at the rate of 20% per annum on the amount unpaid, worked out from the day the notice was issued.

(3)If:

(a)an amount of charge is specified in a notice under regulation 5(2)(f) of the Broadcasting Services (Datacasting Charge) Regulations 2001 as an amount unpaid; and

(b)the notice does not contain a statement that the ABA is satisfied that the licensee deliberately miscalculated the amount of the charge; and

(c)the amount unpaid is paid within 21 days after the day the notice was issued;

then:

(d)this subclause applies in relation to the amount unpaid; and

(e)no late payment penalty is due and payable by the licensee.

5          Remission of penalty

(1)If a late payment penalty is due and payable by the licensee under subclause 4(1) or  4(2) in relation to an amount of charge, or such a late payment penalty has been paid, and the ABA:

(a)is satisfied that:

(i)the circumstances that contributed to the delay in payment of the amount were not caused directly or indirectly by an act of omission of the licensee; and

(ii)the licensee has taken reasonable action to mitigate, or mitigate the effects of, those circumstances; or

(b)is satisfied that:

(i)the circumstances that contributed to the delay in payment of the amount were caused directly or indirectly by an act of omission of the licensee; and

(ii)the licensee has taken reasonable action to mitigate, or mitigate the effects of, those circumstances; and

(iii)having regard to the nature of those circumstances, it would be reasonable to remit the late payment penalty or part of that penalty; or

(c)is satisfied that there are special circumstances that make it reasonable to remit the
late payment penalty or part of that penalty;

the ABA may remit the late payment penalty or part of that penalty

(2)If:

(a)the ABA remits the late payment penalty or part of that penalty; and

(b)the licensee has paid an amount of that penalty;

the ABA must, within 21 days after remitting that penalty or part of that penalty,  arrange for so much of the amount as is remitted to be refunded to the licensee.

(3)Despite subclauses 4(1) and 4(2), an amount of unpaid charge may be recovered immediately after the due date in a court of competent jurisdiction as a debt due to the Commonwealth.

(4)If:

(a)judgment is entered or given in a court for the payment of an amount of unpaid charge; and

(b)interest is payable on the judgment debt; and

(c)a late payment penalty is payable in respect of the unpaid charge under subclause
4(1) or 4(2);

the amount of the late payment penalty that would, but for the operation of this subclause, be so payable is reduced by the amount of the interest payable on that judgment debt.

(5)If:

(a)judgment is entered or given in a court for the payment of an amount that includes an amount of unpaid charge; and

(b)interest is payable on the judgment debt; and

(c)a late payment penalty is payable in respect of the unpaid charge under subclause 4(1) or 4(2);

the amount of the late payment penalty that would, but for the operation of this clause, be so payable is reduced by an amount calculated using the formula:

Charge component of judgment debt
                 Judgment debt

 

Interest on judgment debt     ×