Radio Licence Fees Amendment Act (No. 2) 1987 (Cth)

Radio Licence Fees Amendment Act (No. 2) 1987

No. 116 of 1987

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

[Assented to 16 December 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 (No. 2) 1987.

(2) In this Act, “Principal Act” means the Radio Licence Fees Act 19641.

Commencement

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

 

Interpretation

3. Section 3 of the Principal Act is amended by inserting the following definition in subsection (1):

“ ‘Broadcasting Act’ means the Broadcasting Act 1942;”.

Amount of fees

4. Section 6 of the Principal Act is amended:

(a) by inserting after subsection (1) the following subsections:

“(1a) Where, on or after 1 March 1987, a notice in respect of a commercial radio licence is or was published in the Gazette under subsection 82 (1) of the Broadcasting Act, there is payable on the grant of the licence a fee of an amount equal to the amount specified in the notice published under subsection 82aa(1) of that Act in relation to the licence.

“(1b) The fee payable under subsection (1a) is in addition to the fee payable under subsection (1).”;

(b) by omitting from paragraph (2a) (b) “0.5” and substituting “0.9”;

(c) by omitting from paragraph (2a) (c) “4” and substituting “4.4”;

(d) by omitting from paragraph (2a) (c) “0.4” and substituting “0.8”;

(e) by omitting from paragraph (2a) (d) “4.4” and substituting “5.3”;

(f) by omitting from paragraph (2a) (e) “5.5%” and substituting “6.5%”;

(g) by omitting from paragraph (2a) (e) “5.3” and substituting “6.2”; and

(h) by omitting from paragraph (2a) (e) “0.11” and substituting “0.2”.

Change of accounting period—effect on fees payable

5. Section 6a of the Principal Act is amended:

(a) by omitting from paragraph (e) “0.5” (second occurring) and substituting “0.9”;

(b) by omitting from paragraph (e) “4” and substituting “4.4”;

(c) by omitting from paragraph (e) “0.4” and substituting “0.8”;

(d) by omitting from paragraph (e) “4.4” and substituting “5.3”;

(e) by omitting from paragraph (e) “5.5%” and substituting “6.5%”;

(f) by omitting from paragraph (e) “5.3” and substituting “6.2”; and

(g) by omitting from paragraph (e) “0.11” and substituting “0.2”.

6. After section 6a of the Principal Act the following section is inserted:

Fee in respect of licence on conversion from AM to FM

“6b. (1) Where:

(a) the licence warrant granted in respect of a non-metropolitan commercial radio licence (in this section called the ‘existing licence’)

 

authorises medium frequency transmission but not very high frequency transmission;

(b) the Minister, on or after 1 March 1987, published or publishes a notice under subsection 82 (1) of the Broadcasting Act in relation to the proposed grant of a commercial radio licence (in this subsection called the ‘new licence’) whose service area is substantially the same as that of the existing licence; and

(c) the licensee of the existing licence requests the Minister to vary the technical conditions of the licence warrant in respect of the existing licence under subsection 89d (6) of the Broadcasting Act so as to authorise very high frequency transmission;

there is payable in respect of the existing licence, on the variation of the technical conditions pursuant to the request, a fee of an amount equal to 50% of the amount specified in the notice published under subsection 82aa (1) of the Broadcasting Act in relation to the new licence.

“(2) For the purposes of this section, a commercial radio licence is a large city licence if:

(a) the service area of the licence includes the general post office or main post office of a city or town; and

(b) the population of the statistical district or statistical division for the city or town exceeds 800,000, or such higher figure as is prescribed for the purposes of this subsection.

“(3) In this section:

‘medium frequency band’ means the band designated in the Spectrum Plan as the medium frequency or MF band;

‘medium frequency transmission’ means the operation of a radiocommunications transmitter or transmitters for the purpose of transmission of programs in the medium frequency band;

‘non-metropolitan commercial radio licence’ means a commercial radio licence other than a large city licence;

‘Spectrum Plan’ has the same meaning as in Part IV of the Radiocommunications Act 1983;

‘very high frequency band’ means the band designated in the Spectrum Plan as the very high frequency or VHF band;

‘very high frequency transmission’ means the operation of a radiocommunications transmitter or transmitters for the purpose of transmission of programs in the very high frequency band.”.

7. The Principal Act is amended by adding at the end the following section:

Regulations

“8. 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.”.

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

8. Without prejudice to the effect that section 4 (other than paragraph (a)) and section 5 have apart from this section, those provisions also have effect, for the purpose 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 provisions to the Principal Act were references to the Broadcasting Stations Licence Fees Act 1964 as in force immediately before 1 January 1986.

Application

9. (1) Subject to subsection (2), the amendments made by section 4 (other than paragraph (a)) and section 5 apply in relation to an anniversary (whether occurring before or after the commencement of this section) of the date of commencement of a licence if, and only if, the due date (within the meaning of section 123a of the Broadcasting Act 1942)in respect of the fee payable on that anniversary occurs on or after 1 January 1988.

(2) The amendments made by section 4 (other than paragraph (a)) and section 5 by virtue of section 8, apply in relation to an anniversary (whether occurring before or after the commencement of this section) of the date of commencement of a licence if, and only if, the due date (within the meaning of section 106aa of the Broadcasting and Television Act 1942 as in force immediately before 1 January 1986) in respect of the fee payable on that anniversary occurs on or after 1 January 1988.

(3) The amendment made by paragraph 4 (a) applies in relation to the grant of a commercial radio licence on or after the commencement of this section.

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; No. 68, 1985; and No. 66, 1987.

[Minister’s second reading speech made in—

House of Representatives on 28 October 1987

Senate on 19 November 1987