Television Licence Fees Amendment Regulations 2002 (No. 1) (Cth)

Television Licence Fees Amendment Regulations 2002 (No. 1)1

Statutory Rules 2002 No. 3362

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Television Licence Fees Act 1964.

Dated 19 December 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

RICHARD ALSTON

Minister for Communications, Information Technology

and the Arts

Contents

1Name of Regulations

These Regulations are the Television Licence Fees Amendment Regulations 2002 (No. 1).

2Commencement

These Regulations commence, or are taken to have commenced, as follows:

1. (a)

   on 12 October 2000 — regulations 1 to 3 and Schedule 1;

2. (b)

   on gazettal — Schedule 2.

3Amendment of Television Licence Fees Regulations 1990

1. (1)

   Schedule 1 amends the Television Licence Fees Regulations 1990 as amended by the Television Licence Fees Amendment Regulations 2000 (No. 1).

2. (2)

   Schedule 2 amends the Television Licence Fees Regulations 1990.

Schedule 1Amendments taken to have commenced on 12 October 2000

(regulation 3)

  

[1]Regulation 12

omit

(excluding remote licence areas and the remote parts of remote and regional licence areas)

insert

or remote licence areas

[2]Regulation 13, definition of regional licence

substitute

regional licence means a commercial television broadcasting licence that existed on 9 May 2000 for a licence area listed in Schedule 1.

[3]After subregulation 14 (3), including the notes

insert

1. (4)

   Despite subregulations (1), (2) and (3), if the licenses issued in relation to items 3A and 3B of Schedule 1 are held by the same licensee and the licensee becomes eligible for the rebate for one of the licences before the other, the licensee is taken to be automatically eligible for the rebate for the other licence at the same time.

Note Regulation 17 sets out the method of apportionment of 2 licences held by the same licensee.

[4]Subregulation 15 (1)

substitute

1. (1)

   A regional licensee for a licence area in an item in Schedule 1 is entitled to the digital conversion rebate mentioned in column 4 of the item for the first financial year, and for each subsequent financial year, up to the total entitlement mentioned in column 5 of that item.

[5]Subregulation 16 (2)

omit

or 18

[6]Subregulation 17 (1)

substitute

1. (1)

   For purposes of the digital conversion rebate, the rebate and total entitlement in items 3A (Eastern Victoria) and 3B (Western Victoria) of Schedule 1 are worked out on the basis that 1 licensee holds the licences for both licence areas.

[7]Regulation 18

omit

[8]Schedule 1

substitute

Schedule 1Digital conversion rebates for regional licence areas

(regulations 14, 15, 16 and 17)

Column 1	Column 2	Column 3	Column 4	Column 5
Item	Licence area	No. of licensees	Maximum rebate entitlement per financial year for each licensee ($m.)	Total rebate entitlement for each licensee ($m.)
1	Northern New South Wales	3	1.70	13.60
2	Southern New South Wales	3	1.70	13.60
3	Regional Victoria	2	1.70	13.60
3A	Eastern Victoria	1	the proportion of 1.70 worked out under regulation 17	the proportion of 13.60 worked out under regulation 17
3B	Western Victoria	1	the proportion of 1.70 worked out under regulation 17	the proportion of 13.60 worked out under regulation 17
4	Regional Queensland	3	1.70	13.60
5	Mildura/Sunraysia	2	0.10	0.80
6	Tasmania	2	0.83	6.64
7	Darwin	2	0.41	3.28
8	Griffith and Murrumbidgee Irrigation Area	2	0.07	0.56
9	Mount Gambier/ South East	1	0.34	2.38
10	Riverland	1	0.06	0.48
11	Broken Hill	1	0.06	0.48
12	Spencer Gulf	1	0.34	3.06

Schedule 2Amendments commencing on gazettal

(regulation 3)

  

[1]Regulation 2

substitute

In these Regulations, unless the contrary intention appears:

Act means the Television Licence Fees Act 1964.

[2]Part 2

omit

[3]Regulation 13, after definition of regional licensee

insert

remote licence means a commercial television broadcasting licence that existed on 9 May 2000 for a licence area listed in Schedule 2.

remote licensee means a person who holds a remote licence or remote licences.

[4]After subregulation 15 (1)

insert

1. (1A)

   A remote licensee for a licence area in an item in Schedule 2 is entitled to the digital conversion rebate mentioned in column 4 of the item for the first financial year, and for each subsequent financial year, up to the total entitlement mentioned in column 5 of that item.

[5]After subregulation 15 (3)

insert

1. (4)

   Despite any provision in this Part, a remote licensee is not entitled to a digital conversion rebate under subregulation (1A) or paragraph (2) (b) after 31 December 2012.

[6]Subregulation 16 (1)

after

Schedule 1

insert

or 2

[7]After Schedule 1

insert

Schedule 2Digital conversion rebates for remote licence areas

(regulations 13, 15 and 16)

Column 1	Column 2	Column 3	Column 4	Column 5
Item	Licence area	No. of licensees	Maximum rebate entitlement per financial year for each licensee ($m.)	Total rebate entitlement for each licensee ($m.)
1	Remote Central and Eastern TV2	1	0.20	0.60

Notes

1. These Regulations amend Statutory Rules 1990 No. 3, as amended by 1991 No. 79; 1992 No. 448; 1996 No. 323; 2000 No. 277.

2. Notified in the Commonwealth of Australia Gazette on 20 December 2002.