Radio Licence Fees Act 1964 (Cth)

Radio Licence Fees Act 1964

No. 119, 1964

Compilation No. 11

Compilation date:   20 September 2017

Includes amendments up to:            Act No. 93, 2017

Registered:   20 September 2017

About this compilation

This compilation

This is a compilation of the Radio Licence Fees Act 1964 that shows the text of the law as amended and in force on 20 September 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Incorporation of Broadcasting Act...................................................... 1

4............ Interpretation....................................................................................... 1

5............ Licence fees......................................................................................... 2

6............ Amount of fees................................................................................... 2

6A......... Change of accounting period—effect on fees payable......................... 4

7............ Earnings of subsidiary companies etc................................................. 6

8............ Regulations......................................................................................... 6

Endnotes7

Endnote 1—About the endnotes  7

Endnote 2—Abbreviation key  9

Endnote 3—Legislation history  10

Endnote 4—Amendment history  13

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

1  Short title

This Act may be cited as the Radio Licence Fees Act 1964.

2  Commencement

This Act shall come into operation on the day on which it receives the Royal Assent.

3  Incorporation of Broadcasting Act

The Broadcasting Services Act 1992 is incorporated and shall be read as one with this Act.

4  Interpretation

(1)  In this Act, unless the contrary intention appears:

ACMA means the Australian Communications and Media Authority.

gross earnings, in respect of a licence in respect of a period, means the gross earnings of the licensee during that period from the broadcasting, by the service or services provided under the licence, of advertisements or other material.

licence means a commercial radio broadcasting licence allocated or renewed, whether before, on or after the commencement of this definition, under the Broadcasting Services Act 1992.

(2)  Where, in connexion with any transaction, any consideration is paid or given otherwise than in cash, the money value of that consideration shall, for the purposes of this Act, be deemed to have been paid or given.

5  Licence fees

(1) There is payable to the Commonwealth by a licensee, by way of tax in respect of the licence, fees in accordance with sections 6 and 6A.

(2)  The regulations may make provision for rebates of fees payable by licensees.

6  Amount of fees

(2)  Subject to section 6A, there is payable by a licensee:

(a) on each 31 December that occurs during the period of the licence; and

(b)  on:

(i) if the licence’s period ends on a 31 December or a day within the first 6 months of a calendar year—the first 31 December after the licence’s period; or

(ii) if the licence’s period ends on any other day in a calendar year—each 31 December that occurs during the 18 months immediately following the licence’s period;

a fee of an amount that is 75% of the amount equal to the relevant percentage of the gross earnings in respect of the licence during the period of one year ending on the 30 June last preceding the 31 December.

(2A)  In subsection (2), relevant percentage, in relation to the gross earnings in respect of a licence during a period, means:

(a) where those gross earnings are less than $5,000,000—the percentage ascertained in accordance with the formula:

(b) where those gross earnings are not less than $5,000,000 but are less than $6,000,000—the percentage ascertained in accordance with the formula:

(c) where those gross earnings are not less than $6,000,000 but are less than $7,000,000—the percentage ascertained in accordance with the formula:

(d) where those gross earnings are not less than $7,000,000 but are less than $10,000,000—the percentage ascertained in accordance with the formula:

(e) where those gross earnings are not less than $10,000,000—whichever is the lesser of 3.25% or the percentage ascertained in accordance with the formula:

where A is the number of dollars in those gross earnings.

(3)  If a licensee has:

(a)  on or after 8 October 1997; and

(b) in accordance with subsection 205B(2) of the Broadcasting Services Act 1992;

adopted an accounting period ending on a day other than 30 June, the reference in subsection (2) of this section to 30 June is, in relation to the licence, to be read as a reference to that other day.

(4) Where the amount of the gross earnings in respect of a licence during a period consists of a number of dollars and a number of cents, then, for the purposes of this section, the cents shall be disregarded.

(5) For the purposes of subsection (2), the period of a licence shall be taken to include any period of renewal or further renewal of the licence.

6A  Change of accounting period—effect on fees payable

Where:

(a)  a fee is payable under subsection 6(2) on a 31 December in respect of earnings during a period (in this section referred to as the first fee period);

(b)  a fee would, but for this section, be payable under that subsection on the next 31 December in respect of earnings during a period (in this section referred to as the second fee period); and

(c)  by reason of a change in the accounting period used by the licensee, the second fee period commences before or does not commence immediately after the end of the first fee period;

section 6 applies in relation to the fee payable on the anniversary referred to in paragraph (b) as if:

(d)  references in that section to a period of one year ending on a day were references to the period commencing immediately after the end of the first fee period and ending on the day on which the second fee period ends; and

(e)  subsection 6(2A) were omitted and the following subsection were substituted:

“(2A)  In subsection (2), relevant percentage, in relation to gross earnings in respect of a licence during a period, means:

(a)  where A is less than $5,000,000—the percentage ascertained in accordance with the formula:

(b)  where A is not less than $5,000,000 but is less than $6,000,000—the percentage ascertained in accordance with the formula:

(c)  where A is not less than $6,000,000 but is less than $7,000,000—the percentage ascertained in accordance with the formula:

(d)  where A is not less than $7,000,000 but is less than $10,000,000—the percentage ascertained in accordance with the formula:

(e)  where A is not less than $10,000,000—whichever is the lesser of 3.25% or the percentage ascertained in accordance with the formula:

where:

A is the amount ascertained in accordance with the formula:

B is the number of dollars in the gross earnings in respect of the licence during the period; and

C is the number of days in the period.”

7  Earnings of subsidiary companies etc.

Where the ACMA is of the opinion that:

(a) an amount, or part of an amount, earned during any period by a person other than a licensee would, if the licensee and that person were the same person, form part of the gross earnings in respect of the licence in respect of that period for the purposes of this Act; and

(b) a relationship exists between the licensee and the other person (whether by reason of any shareholding or of any agreement or arrangement, or for any other reason) of such a kind that the amount or the part of the amount, as the case may be, should, for the purposes of this Act, be treated as part of the gross earnings in respect of the licence in respect of that period;

the ACMA may direct that the amount or the part of the amount, as the case may be, shall be so treated.

8  Regulations

The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters:

(a)  required or permitted by this Act to be prescribed; or

(b)  necessary or convenient to be prescribed in carrying out or giving effect to this Act.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3—Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Broadcasting Stations Licence Fees Act 1964	119, 1964	24 Nov 1964	24 Nov 1964 (s 2)
Statute Law Revision (Decimal Currency) Act 1966	93, 1966	29 Oct 1966	First Sch: 1 Dec 1966 (s 2(1))	—
Broadcasting Stations Licence Fees Act 1973	148, 1973	22 Nov 1973	22 Aug 1973 (s 2)	—
Broadcasting Stations Licence Fees Amendment Act 1976	188, 1976	15 Dec 1976	1 Jan 1977 (s 2)	—
Broadcasting Stations Licence Fees Amendment Act 1977	94, 1977	22 Sept 1977	1 Sept 1977 (s 2)	s 3(2)
Broadcasting Stations Licence Fees Amendment Act 1978	50, 1978	12 June 1978	12 June 1978 (s 2)	s 4
Broadcasting Stations Licence Fees Amendment Act 1981	114, 1981	24 June 1981	24 June 1981 (s 2)	—
Broadcasting Stations Licence Fees Act 1981	168, 1981	2 Dec 1981	1 Sept 1981 (s 2)	s 3(2)
Broadcasting Stations Licence Fees Amendment Act 1982	155, 1982	31 Dec 1982	31 Dec 1982 (s 2)	—
Broadcasting Stations Licence Fees Amendment Act 1983	58, 1983	12 Oct 1983	1 Sept 1983 (s 2)	s 3(2)
Broadcasting Stations Licence Fees Amendment Act 1985	68, 1985	5 June 1985	1 Jan 1986 (s 2)	s 11
Radio Licence Fees Amendment Act 1987	66, 1987	5 June 1987	14 Sept 1987 (s 2 and gaz 1987, No S231)	s 7 and 8
Radio Licence Fees Amendment Act (No. 2) 1987	116, 1987	16 Dec 1987	16 Dec 1987 (s 2)	s 8 and 9
Radio Licence Fees (National Metropolitan Radio Plan) Act 1988	144, 1988	26 Dec 1988	26 Dec 1988 (s 2)	—
Broadcasting Legislation Amendment Act 1988	146, 1988	26 Dec 1988	s 51, 52: 16 Dec 1987 (s 2(4))	—
Radio Licence Fees Amendment Act 1991	184, 1991	6 Dec 1991	s 3, 6 and 8: 1 Jan 1992 (s 2(2)) s 7 and 9: 31 Dec 1992 (s 2(3)) Remainder: 3 Jan 1992 (s 2(1))	s 3 and 11
Transport and Communications Legislation Amendment Act 1992	82, 1992	30 June 1992	s 23–25: 1 Jan 1992 (s 2(5)) s 26: 30 June 1992 (s 2(1))	s 25 and 26
Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992	105, 1992	9 July 1992	Sch 2: 5 Oct 1992 (s 2)	—
Radio Licence Fees Amendment Act 1997	142, 1997	8 Oct 1997	Sch 1 (items 1–3, 5–10): 8 Oct 1997 (s 2(1)) Sch 1 (item 4): 5 Oct 1992 (s 2(2))	—
Radio Licence Fees Amendment Act 2005	53, 2005	1 Apr 2005	Sch 1 and 2: 1 July 2005 (s 2(1) item 2)	Sch 2
Radio Licence Fees Amendment Act 2007	69, 2007	28 May 2007	29 May 2007 (s 2)	—
Omnibus Repeal Day (Autumn 2014) Act 2014	109, 2014	16 Oct 2014	Sch 2 (items 193–195): 17 Oct 2014 (s 2(1) item 2)	—
Broadcasting Legislation Amendment (Television and Radio Licence Fees) Act 2016	73, 2016	23 Nov 2016	Sch 1 (items 1–3, 5, 6): 24 Nov 2016 (s 2(1) item 1)	Sch 1 (items 5, 6)
Statute Update (Winter 2017) Act 2017	93, 2017	23 Aug 2017	Sch 1 (item 18): 20 Sept 2017 (s 2(1) item 2)	—

Endnote 4—Amendment history

Provision affected	How affected
Title.....................................	am No 114, 1981
rs No 68, 1985
s 1........................................	am No 68, 1985
s 3........................................	am No 114, 1981; No 68, 1985; No 105, 1992
s 4........................................	am No 68, 1985; No 66, 1987; No 146, 1988; No 184,1991; No 105, 1992; No 142, 1997; No 53, 2005; No 69, 2007; No 109, 2014
s 5........................................	am No 114, 1981; No 68, 1985; No 66, 1987; No 142, 1997; No 73, 2016
s 6........................................	am No 93, 1966
rs No 148, 1973
am No 188, 1976; No 94, 1977; No 50, 1978; No 114, 1981; No 168, 1981; No 58, 1983; No 68, 1985; No 66, 1987; No 116, 1987; No 184, 1991; No 82, 1992; No 105, 1992; No 142, 1997; No 109, 2014; No 73, 2016; No 93, 2017
s 6A.....................................	ad No 66, 1987
am No 116, 1987; No 184, 1991; No 82, 1992
s 6B.....................................	ad No 116, 1987
rs No 184, 1991
rep No 142, 1997
s 6BA...................................	ad No 184, 1991
rep No 142, 1997
s 6C.....................................	ad No 144, 1988
rep No 142, 1997
s 7........................................	am No 68, 1985; No 142, 1997; No 53, 2005
s 8........................................	ad No 114, 1981
am No 155, 1982
rep No 68, 1985
ad No 116, 1987