Radio Licence Fees Amendment Act 1987 (Cth)

Radio Licence Fees Amendment Act 1987

No. 66 of 1987

An Act to amend the Radio Licence Fees Act 1964,and for related purposes

[Assented to 5 June 1987]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.

1.(1) This Act may be cited as the Radio Licence Fees Amendment Act 1987.

(2) The Radio Licence Fees Act 19641 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on a day to be fixed by Proclamation.

 

Interpretation

3. Section 4 of the Principal Act is amended by omitting from subsection (1) the definition of “gross earnings” and substituting the following definition:

“ ‘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 from the broadcasting, pursuant to the licence, of advertisements or other material; or

(b) in the case of a licence to which subsection 81 (6) of the Broadcasting Act 1942 applies—the aggregate amount of the gross earnings during that period from the broadcasting of material pursuant to the licence of advertisements or other material of all persons who, at any time during that period, are co-owners of the licence;”.

Licence fees

4. Section 5 of the Principal Act is amended by omitting “section 6” and substituting “sections 6 and 6a”.

Amount of fees

5. Section 6 of the Principal Act is amended:

(a) by omitting from subsection (2) “There” and substituting “Subject to section 6a, there”;

(b) by omitting from subsection (2) “(including any period of renewal or further renewal of the licence)” and substituting “, or during the period of 24 months immediately following the end of the period of the licence,”;

(c) by omitting from subsection (2) “the year” and substituting “the period of one year”;

(d) by omitting from subsection (2a) “year” and substituting “period”;

(e) by omitting from subsection (4) “year” and substituting “period”; and

(f) by adding at the end the following subsection:

“(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.”.

6. The Principal Act is amended by inserting after section 6 the following section:

Change of accounting period—effect on fees payable

“6a. Where:

(a) a fee is payable under this Act on an anniversary of the date of commencement of the licence, being a fee that is calculated by

 

reference to 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 this Act on the next anniversary of the date of commencement of the licence, being a fee calculated by reference to 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 5.5% 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.’.”.

Amendments of Broadcasting Stations Licence Fees Act 1964 as in force immediately before 1 January 1986 for the purposes of its continued application to old system licences

7. (1) Without prejudice to the effect that sections 4, 5 and 6 have apart from this section, those sections also have effect, for the purposes of the continued application, by virtue of section 11 of the Broadcasting Stations Licence Fees Amendment Act 1985, of the Broadcasting Stations Licence Fees Act 1964 as in force immediately before 1 January 1986, as if references in those sections to the Principal Act were references to the Broadcasting Stations Licence Fees Act 1964 as in force immediately before 1 January 1986.

(2) For the purposes of the continued application, by virtue of section 11 of the Broadcasting Stations Licence Fees Amendment Act 1985, of the Broadcasting Stations Licence Fees Act 1964 as in force immediately before 1 January 1986, section 4 of the Broadcasting Stations Licence Fees Act 1964 as in force immediately before 1 January 1986 is amended by omitting from subsection (1) the definition of “gross earnings” and substituting the following definition:

“gross earnings’, in relation to a commercial broadcasting station in respect of a period, means the gross earnings of the licensee of the station during that period from the broadcasting from the station of advertisements or other matter;”.

Application

8. The amendments made by this Act apply in relation to every anniversary of the date of commencement of a licence, being an anniversary that occurs on or after the date of commencement of this Act.

NOTE

1. No. 119, 1964, as amended. For previous amendments, see No. 93, 1966; No. 148, 1973; Nos. 37 and 188, 1976; No. 94, 1977; No. 50, 1978; Nos. 114 and 168, 1981; No. 155, 1982; No. 58, 1983; and No. 68, 1985.

[Minister’s second reading speech made in—

House of Representatives on 25 February 1987

Senate on 23 March 1987