Radio Licence Fees Regulations 2017 (Cth)

Radio Licence Fees Regulations 2017

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 27 June 2017

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Mitch Fifield

Minister for Communications

Contents

1Name

This instrument is the Radio Licence Fees Regulations 2017.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	30 June 2017.	30 June 2017

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Radio Licence Fees Act 1964.

4Definitions

In this instrument:

accounting period, for an eligible licensee, means:

1. (a)

   a financial year; or

2. (b)

   a 12 month period adopted by the eligible licensee under subsection 205B(2) of the Broadcasting Services Act 1992.

commercial radio broadcasting licence has the meaning given by section 6 of the Broadcasting Services Act 1992.

eligible licensee means a holder of a commercial radio broadcasting licence allocated under the Broadcasting Services Act 1992.

5Application of rebate

For the purposes of subsection 5(2) of the Radio Licence Fees Act 1964, this instrument provides for a licence fee rebate for eligible licensees for the accounting period ending on:

1. (a)

   31 December 2016; or

2. (b)

   a day in 2017 other than 31 December 2017.

6How to claim rebate

1. (1)

   To claim a licence fee rebate, an eligible licensee may deduct the amount of the rebate from the fees payable for the accounting period mentioned in section 5 of this instrument and calculated on the basis of the formulae mentioned in subsection 6(2A) and section 6A of the Radio Licence Fees Act 1964.

2. (2)

   For the accounting period:

   1. (a)

      the amount of the rebate is 100%; and

   2. (b)

      the deadline for claiming the rebate is 31 December 2017.

3. (3)

   A licence fee rebate available for an accounting period cannot be carried over to any subsequent accounting period.

7Effect of change of licensee

The licence fee rebate that may be claimed under this instrument remains the same despite a change in the eligible licensee.