Television Licence Fees Regulations 1990 (Cth)
Television Licence Fees Regulations 1990
Statutory Rules No. 3, 1990
made under the
Television Licence Fees Act 1964
Compilation No. 11
Compilation date: 30 June 2017
Includes amendments up to: F2017L00780
Registered: 5 July 2017
About this compilation
This compilation
This is a compilation of the Television Licence Fees Regulations 1990 that shows the text of the law as amended and in force on 30 June 2017 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary 1
1............ Name of Regulations........................................................................... 1
2............ Interpretation....................................................................................... 1
Part 3—Digital conversion rebate scheme 2
12.......... Purpose............................................................................................... 2
13.......... Definitions.......................................................................................... 2
14.......... When regional licensee or remote licensee becomes entitled to claim rebate 2
15.......... Amount of rebate and carry forward................................................... 4
16.......... Effect of change of licensee................................................................. 4
17.......... Amount of rebate—apportionment for certain licences in regional Victoria 4
17A....... Amount of rebate—certain licences in remote Western Australia........ 5
19.......... Suspension of rebate........................................................................... 6
Part 4—Licence fee rebate scheme 7
20.......... Definitions.......................................................................................... 7
21.......... Application of the scheme................................................................... 7
23.......... How to claim rebate............................................................................ 7
25.......... Effect of change of licensee................................................................. 7
Schedule 1—Digital conversion rebates for regional licence areas 8
Schedule 2—Digital conversion rebates for remote licence areas 9
Endnotes10
Endnote 1—About the endnotes 10
Endnote 2—Abbreviation key 11
Endnote 3—Legislation history 12
Endnote 4—Amendment history 13
Part 1—Preliminary
1 Name of Regulations
These Regulations are the Television Licence Fees Regulations 1990.
2 Interpretation
In these Regulations, unless the contrary intention appears:
Act means the Television Licence Fees Act 1964.
Part 3—Digital conversion rebate scheme
12 Purpose
This Part establishes a rebate scheme to assist holders of commercial television broadcasting licences for regional licence areas or remote licence areas that existed on 9 May 2000 to convert their commercial television broadcasting services from analog to digital mode.
13 Definitions
In this Part:
CTC scheme means the commercial television conversion scheme formulated by ACMA under subclause 6(1) of Schedule 4 to the Broadcasting Services Act 1992.
digital conversion rebate means the rebate under this Part.
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.
fee means a fee payable under section 6, 6A or 6B of the Act.
financial period, for a regional licensee, means a financial year or any other accounting period approved by ACMA for the regional licensee under subsection 205B(2) of the Broadcasting Services Act 1992.
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.
regional licence means a commercial television broadcasting licence that existed on 9 May 2000 for a licence area listed in Schedule 1.
regional licensee means a person who holds a regional licence or regional licences.
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.
14 When regional licensee or remote licensee becomes entitled to claim rebate
(1) A regional licensee or remote licensee becomes entitled to claim a digital conversion rebate of fees for a licence in a financial year if the licensee starts to transmit a digital service under the licence:
(a) on a date in the period from 1 July to 31 December (inclusive) in that year; and
(b) in accordance with the CTC scheme.
(2) A regional licensee or remote licensee becomes entitled to claim a digital conversion rebate of fees for a licence in a financial year if, in relation to the licence, there is an implementation plan in force that:
(a) is approved by ACMA; and
(b) allows the licensee to start to transmit a digital service on a date in the period from 1 January to 30 June (inclusive) in that year.
(3) A regional licensee or remote licensee becomes entitled to claim a digital conversion rebate of fees for a licence in a financial year if:
(a) ACMA has approved the transmission of a digital service, under the CTC scheme, before the start of the simulcast period for the licence area; and
(b) the approval authorises transmission of the service in the financial year; and
(c) the approval has not been revoked.
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.
Note 2: Under clause 9 of Schedule 4 to the Broadcasting Services Act 1992, the CTC scheme must make provision for requiring holders of commercial television broadcasting licences to prepare, and submit to ACMA, 1 or more implementation plans relating to digital transmission of their service or services.
(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.
(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.
15 Amount of rebate and carry forward
(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.
(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.
(2) However, if the rebate would be more than the fees payable on the 31 December occurring during the financial year:
(a) the licensee is not entitled to the excess; and
(b) the excess may be claimed as a digital conversion rebate against the fees for the licence in the subsequent financial year or years, up to the total entitlement.
(3) Despite any provision in this Part, a regional licensee is not entitled to a digital conversion rebate under subregulation (1) or paragraph (2)(b) after 31 December 2012.
(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 2017.
16 Effect of change of licensee
(1) The digital conversion rebate that may be claimed in relation to a licence in accordance with Schedule 1 or 2 remains the same despite a change in the holder of the licence.
(2) To avoid doubt, the rebate that may be claimed in relation to a licence that is subject to apportionment under regulation 17 or 17A remains the same despite the sale or transfer of the licence.
17 Amount of rebate—apportionment for certain licences in regional Victoria
(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.
(2) The licensee that holds 2 licences is entitled to a digital conversion rebate of $1 700 000 for the first financial year, and for each subsequent financial year, up to the total entitlement of $13 600 000, apportioned as a percentage between the 2 licences (licence 1 and licence 2) in accordance with the following formulas:
where:
Total earnings means Y1 + Y2.
Y1 means the annual gross earnings of the licensee from licence 1 for the most recent financial period.
Y2 means the annual gross earnings of the licensee from licence 2 for the most recent financial period.
17A Amount 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.
19 Suspension of rebate
(1) This regulation applies if a regional licensee or a remote licensee:
(a) becomes entitled to a digital conversion rebate in a financial year because of regulation 14; but
(b) does not start to transmit a digital service on the date determined, or approved, by ACMA.
(2) ACMA may suspend the entitlement of the regional licensee or remote licensee to a digital conversion rebate for the financial year.
(3) In deciding whether to suspend the entitlement of the regional licensee or remote licensee, ACMA must consider:
(a) the reasons given by the licensee for its failure to start to transmit a digital service on the date determined, or approved, by ACMA; and
(b) any other matters that ACMA considers relevant.
(4) The suspension of an entitlement under this regulation must:
(a) be in writing; and
(b) set out the findings on material questions of fact, refer to the evidence or material on which those findings are based and give the reasons for the suspension.
(5) Application may be made to the Administrative Appeals Tribunal for a review of the suspension of entitlement.
Part 4—Licence fee rebate scheme
20 Definitions
In this Part:
accounting period, for a licensee, means:
(a) a financial year; or
(b) a 12 month period adopted by a licensee under subsection 205B(2) of the Broadcasting Services Act 1992.
commercial television broadcasting licence has the meaning given by section 6 of the Broadcasting Services Act 1992.
digital conversion rebate means a rebate under Part 3 of these Regulations.
eligible licensee means a licensee who holds a commercial television broadcasting licence allocated under section 36, 38A or 38B of the Broadcasting Services Act 1992.
licensee means a holder of a commercial television broadcasting licence allocated under the Broadcasting Services Act 1992.
21 Application of the scheme
The rebate scheme in this Part applies to eligible licensees for the accounting period ending on:
(a) 31 December 2016; or
(b) a day in 2017 other than 31 December.
23 How to claim rebate
(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 regulation 21 and calculated on the basis of the formulae mentioned in subsection 6(2A) and section 6A of the Television Licence Fees Act 1964.
(2) For the accounting period:
(a) the amount of the rebate is 100%; and
(b) the deadline for claiming the rebate is 31 December 2017.
(3) A licence fee rebate available for an accounting period cannot be carried over to any subsequent accounting period.
25 Effect of change of licensee
The licence fee rebate that may be claimed under this Part remains the same despite a change in the eligible licensee.
Schedule 1—Digital 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 ($m.) |
| 1 | Northern New South Wales | 3 | 1.70 | 13.60 |
| 2 | Southern New South Wales | 3 | 1.70 | 13.60 |
| 3 | Regional Victoria | 2 | 1.70 | 13.60 |
| 3A | Eastern Victoria | 1 | the proportion of 1.70 worked out under regulation 17 | the proportion of 13.60 worked out under regulation 17 |
| 3B | Western Victoria | 1 | the proportion of 1.70 worked out under regulation 17 | the proportion of 13.60 worked out under regulation 17 |
| 4 | Regional Queensland | 3 | 1.70 | 13.60 |
| 5 | Mildura/Sunraysia | 2 | 0.10 | 0.80 |
| 6 | Tasmania | 2 | 0.83 | 6.64 |
| 7 | Darwin | 2 | 0.41 | 3.28 |
| 8 | Griffith and Murrumbidgee Irrigation Area | 2 | 0.07 | 0.56 |
| 9 | Mount Gambier/ South East | 1 | 0.34 | 2.38 |
| 10 | Riverland | 1 | 0.06 | 0.48 |
| 11 | Broken Hill | 1 | 0.06 | 0.48 |
| 12 | Spencer Gulf | 1 | 0.34 | 3.06 |
Schedule 2—Digital conversion rebates for remote licence areas
(regulations 13, 15, 16 and 17A)
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
| Item | Licence area | No. of licensees | Maximum rebate entitlement per financial year for each licensee ($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 |
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| ad = added or inserted | o = order(s) |
| am = amended | Ord = Ordinance |
| amdt = amendment | orig = original |
| c = clause(s) | par = paragraph(s)/subparagraph(s) |
| C[x] = Compilation No. x | /sub‑subparagraph(s) |
| Ch = Chapter(s) | pres = present |
| def = definition(s) | prev = previous |
| Dict = Dictionary | (prev…) = previously |
| disallowed = disallowed by Parliament | Pt = Part(s) |
| Div = Division(s) | r = regulation(s)/rule(s) |
| ed = editorial change | reloc = relocated |
| exp = expires/expired or ceases/ceased to have | renum = renumbered |
| effect | rep = repealed |
| F = Federal Register of Legislation | rs = repealed and substituted |
| gaz = gazette | s = section(s)/subsection(s) |
| LA = Legislation Act 2003 | Sch = Schedule(s) |
| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
| effect | SR = Statutory Rules |
| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
| cannot be given effect | SubPt = Subpart(s) |
| mod = modified/modification | underlining = whole or part not |
| No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
| Number and year | Registration | Commencement | Application, saving and transitional provisions |
| 1990 No. 3 | 25 Jan 1990 | 25 Jan 1990 | |
| 1991 No. 79 | 30 Apr 1991 | 1 Jan 1991 | r. 3 |
| 1992 No. 448 | 24 Dec 1992 | 24 Dec 1992 | — |
| 1996 No. 323 | 23 Dec 1996 | Part 2: 25 Jan 1990 Part 3: 1 Jan 1991 Remainder: 23 Dec 1996 | r. 7 |
| 2000 No. 277 | 12 Oct 2000 | 12 Oct 2000 | — |
| 2002 No. 336 | 20 Dec 2002 | rr. 1–3 and Schedule 1: 12 October 2000 Remainder: 20 Dec 2002 | — |
| 2008 No. 67 | 2 May 2008 (see F2008L01138) | 3 May 2008 | — |
| 2010 No. 141 | 17 June 2010 (see F2010L01591) | 18 June 2010 | — |
| 2012 No. 31 | 22 Mar 2012 (see F2012L00659) | 23 Mar 2012 | — |
| 2012 No. 287 | 10 Dec 2012 (see F2012L02375) | 11 Dec 2012 | — |
| 52, 2013 | 11 Apr 2013 (see F2013L00646) | 12 Apr 2013 | — |
| Name | Registration | Commencement | Application, saving and transitional provisions |
| Television Licence Fees Amendment (Licence Fee Rebate) Regulation 2016 | 5 May 2016 (F2016L00664) | 6 May 2016 (s 2(1) item 1) | — |
| Television Licence Fees Amendment Regulations 2017 | 28 June 2017 (F2017L00780) | 30 June 2017 (s 2(1) item 1) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| Part 1 | |
| Part 1 heading........................... | ad 2000 No 277 |
| r 1............................................. | rs 2000 No 277 |
| r 2............................................. | am 1991 No 79; 1992 No 448; 1996 No 323; 2000 No 277; 2002 No 336 |
| Part 2 | |
| Part 2 heading........................... | ad 2000 No 277 |
| rep 2002 No 336 | |
| r 2A.......................................... | ad 1991 No 79 |
| am 2000 No 277 | |
| rep 2002 No 336 | |
| r 2AA, 2AB............................... | ad 1996 No 323 |
| rep 2002 No 336 | |
| r 3, 4......................................... | am 1991 No 79; 1992 No 448; 1996 No 323 |
| rep 2002 No 336 | |
| r 5............................................. | ad 1991 No 79 |
| am 1992 No 448; 1996 No 323 | |
| rep 2002 No 336 | |
| r 6............................................. | ad 1991 No 79 |
| am 1992 No 448; 1996 No 323; 2000 No 277 | |
| rep 2002 No 336 | |
| r 7............................................. | ad 1992 No 448 |
| am 1996 No 323 | |
| rep 2002 No 336 | |
| r 8–10....................................... | ad 1992 No 448 |
| rep 2002 No 336 | |
| r 11........................................... | ad 2000 No 277 |
| rep 2002 No 336 | |
| Part 3 | |
| Part 3........................................ | ad 2000 No 277 |
| r 12........................................... | ad 2000 No 277 |
| am 2002 No 336 | |
| r 13........................................... | ad 2000 No 277 |
| am 2002 No 336; 2008 No 67 | |
| r 14........................................... | ad 2000 No 277 |
| am 2002 No 336; 2008 No 64; 2008 No 67 | |
| R15........................................... | ad 2000 No 277 |
| am 2002 No 336; 2008 No 67 | |
| r 16........................................... | ad 2000 No 277 |
| am 2002 No 336; 2008 No 67 | |
| r 17........................................... | ad 2000 No 277 |
| am 2002 No 336 | |
| r 17A........................................ | ad 2008 No 67 |
| r 18........................................... | ad 2000 No 277 |
| rep 2002 No 336 | |
| r 19........................................... | ad 2000 No 277 |
| am 2008 No 67 | |
| Part 4 | |
| Part 4........................................ | ad 2010 No 141 |
| r 20........................................... | ad 2010 No 141 |
| am No 52, 2013; F2016L00664 | |
| r 21........................................... | ad 2010 No 141 |
| am 2012 No 287 | |
| rs F2016L00664; F2017L00780 | |
| r 22........................................... | ad 2010 No 141 |
| am 2012 No 287 | |
| rep F2016L00664 | |
| r 23........................................... | ad 2010 No 141 |
| am 2012 Nos 31 and 287; No 52, 2013 | |
| (2A) exp 30 June 2013 (r 23(2B)) | |
| (2B) exp 30 June 2013 (r 23(2B)) | |
| am F2016L00664; F2017L00780 | |
| r 24........................................... | ad 2010 No 141 |
| am F2016L00664 | |
| rep F2017L00780 | |
| r 25........................................... | ad 2010 No 141 |
| Schedule 1 | |
| Schedule 1................................ | ad 2000 No 277 |
| rs 2002 No 336 | |
| Schedule 2 | |
| Schedule 2................................ | ad 2002 No 336 |
| rs 2008 No 67 |
0
0
0