Television Licence Fees Amendment Regulations 2008 (No. 1) (Cth)

Television Licence Fees Amendment Regulations 2008 (No. 1)¹

Select Legislative Instrument 2008 No. 67

I, PROFESSOR MARIE BASHIR, AC, CVO, Administrator of the Government 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 1 May 2008

MARIE BASHIR

Administrator

By Her Excellency’s Command

STEPHEN CONROY

Minister for Broadband, Communications and the Digital Economy

Name of Regulations

These Regulations are the Television Licence Fees Amendment Regulations 2008 (No. 1).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Television Licence Fees Regulations 1990

Schedule 1 amends the Television Licence Fees Regulations 1990.

Schedule 1 Amendments

(regulation 3)

[1] Regulation 13, definition of digital service

substitute

digital service means a commercial television broadcasting service that is transmitted in digital mode and approved by ACMA, and that is not:

(a)a test transmission; or

(b)a satellite transmission.

[2] Regulation 13, definition of first financial year

substitute

first financial year, for a digital service, means the financial year in which a licensee first becomes entitled to claim a rebate under regulation 14.

[3] Regulation 14, heading

substitute

When regional licensee or remote licensee becomes entitled to claim rebate

[4] Paragraph 14 (3) (a)

omit

Division 11 of Part A of

[5] Subregulation 14 (3), note 1

substitute

Note 1 Regional licences: Under subclause 6 (3) of Schedule 4 to the Broadcasting Services Act 1992, ACMA must determine the date, being a date during the period beginning on 1 January 2001 and ending immediately before 1 January 2004, when a regional licensee must start to transmit a digital service. However, ACMA may allow, under Division 11 of Part A of the CTC scheme, a regional licensee to start to transmit a digital service before the date determined by ACMA under subclause 6 (3) of Schedule 4 to the Broadcasting Services Act 1992.

Note 1A Remote licences: Under subclause 138 (1) of Part B to the CTC Scheme, ACMA must determine the date when a remote licensee must start to transmit a digital service. However, ACMA may allow, under Division 11 of Part B of the CTC scheme, a remote licensee to start to transmit a digital service before the date determined by ACMA under subclause 138 (1) of the CTC Scheme.

[6] After subregulation 14 (4)

insert

(5)Despite subregulations (1), (2) and (3), if the licences issued in relation to items 3, 4, 5 or 6 of Schedule 2 are held by wholly‑owned subsidiary companies of the same parent company, all the subsidiaries are taken to be eligible for the rebate on the day that one of the subsidiaries becomes eligible for the rebate.

Note Regulation 17A sets out the method of apportionment for licences held by wholly‑owned subsidiaries of the same parent company, including the apportionment procedure to be adopted if the subsidiaries become owned by different parent companies.

[7] Subregulation 15 (4)

omit

31 December 2012.

insert

31 December 2017.

[8] Subregulation 16 (2)

omit

regulation 17

insert

regulation 17 or 17A

[9] After regulation 17

insert

17AAmount of rebate — certain licences in remote Western Australia

(1)For the purposes of the digital conversion rebate, the rebate and total entitlement in item 3 (Western Zone TV1), item 4 (Kalgoorlie TV1), item 5 (Geraldton TV1) and item 6 (South West and Great Southern TV1) of Schedule 2 are worked out on the basis that each of the remote licensees is a wholly‑owned subsidiary company of the same parent company.

(2)The parent company of the 4 subsidiary companies mentioned in subregulation (1) is entitled to a digital conversion rebate of up to $760 000 for the first financial year, and for each subsequent financial year, up to the total entitlement of $6 080 000.

What happens if the subsidiary companies are sold to a single new parent company?

(3)If all the subsidiary companies are sold to a single parent company, the new parent company is entitled to a digital conversion rebate, up to the annual and total entitlements mentioned in subregulation (2), as follows:

(a)if the previous parent company has already claimed for the financial year in which the subsidiary companies are sold — digital conversion rebate for each subsequent financial year;

(b)if the previous parent company has not already claimed for the financial year in which the subsidiary companies are sold — digital conversion rebate for that financial year and each subsequent financial year.

What happens if the subsidiary companies become owned by different parent companies?

(4)If, during a financial year, the subsidiary companies become owned by more than one parent company, each parent company is entitled to a digital conversion rebate, up to the annual and total entitlements mentioned in subregulation (2), as follows:

(a)for a claim in respect of a subsidiary company for which a parent company has already claimed for the financial year in which any subsidiary company is sold (disposition year) — 25% of the digital conversion rebate for each subsequent financial year;

(b)for a claim in respect of a subsidiary company for which a parent company has not already claimed for the disposition year:

(i)25% of the digital conversion rebate for the disposition year; and

(ii)25% of the digital conversion rebate for each subsequent financial year.

[10] Schedule 2

substitute

Schedule 2 Digital conversion rebates for remote licence areas

(regulations 13, 15, 16 and 17A)

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 TV1	1	0.20	0.60
2	Remote and Regional WA TV1	1	0.66	5.28
3	Western Zone TV1	1	0.19 in accordance with regulation 17A	1.52
4	Kalgoorlie TV1	1	0.19 in accordance with regulation 17A	1.52
5	Geraldton TV1	1	0.19 in accordance with regulation 17A	1.52
6	South West and Great Southern TV1	1	0.19 in accordance with regulation 17A	1.52

[11] Further amendments

Provision	omit each mention of	insert
Regulation 13, definition of *CTC Scheme*	the ABA	ACMA
Regulation 13, definition of *digital service*	the ABA	ACMA
Regulation 13, definition of *financial period*	the ABA	ACMA
Subregulation 14 (1)	regional licensee	regional licensee or remote licensee
Subregulation 14 (1)	regional licence	licence
Subregulation 14 (2)	regional licensee	regional licensee or remote licensee
Subregulation 14 (2)	regional licence	licence
Paragraph 14 (2) (a)	the ABA	ACMA
Subregulation 14 (3)	regional licensee	regional licensee or remote licensee
Subregulation 14 (3)	regional licence	licence
Paragraph 14 (3) (a)	the ABA	ACMA
Paragraph 14 (3) (a)	regional licence	licence
Subregulation 14 (3), note 2	the ABA	ACMA
Subregulation 19 (1)	regional licensee	regional licensee or a remote licensee
Paragraph 19 (1) (b)	the ABA	ACMA
Subregulation 19 (2)	The ABA	ACMA
Subregulation 19 (2)	regional licensee	regional licensee or remote licensee
Subregulation 19 (3)	regional licensee,	regional licensee or remote licensee,
Subregulation 19 (3)	the ABA	ACMA
Paragraph 19 (3) (a)	the ABA	ACMA
Paragraph 19 (3) (b)	the ABA	ACMA

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See