Television Licence Fees Regulations (Amendment) (Cth)

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Statutory Rules 1992

No. 448 1

__________________

Television Licence Fees Regulations 2(Amendment)

I, The 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 17 December 1992.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

BOB COLLINS

Minister of State for Transport and Communications

____________

1.   Amendment

1.1   The Television Licence Fees Regulations are amended as set out in these Regulations.

[NOTE:

 These Regulations commence on gazettal: see Acts Interpretation Act 1901, s.48]

2.   Regulation 2 (Interpretation)

2.1   Definition of “direction day”:

Omit the definition, substitute:

“‘direction day’, in relation to a former licence, means the day on which a direction was given under subsection 94S (1) or (2) of the Broadcasting Act 1942 in respect of the former licence;”.

2.2   Definition of “new licensee”:

Omit the definition.

2.3   Definition of “unused credit amount”:

Omit the definition.

2.4   Insert the following definitions:

“‘Rebate Scheme A’ means the scheme of rebates of fees set out in regulations 3 and 4;

‘Rebate Scheme B’ means the scheme of rebates of fees set out in regulations 5 and 6;

‘relevant authority’, in relation to a claim for a rebate of fees, means:

  • (a)

    in the case of a claim made before the commencement of the Transitional Provisions Act—the Tribunal; or

  • (b)

    in the case of any other claim:

    • (i)

      the Australian Broadcasting Authority established under the Broadcasting Services Act 1992; or

    • (ii)

      any Commonwealth agency or authority specified by the Minister under subregulation (3);

‘standard maximum annual rebate’ means:

  • (a)

    in relation to a licence for an area in Tasmania—$800,000; or

  • (b)

    in relation to any other licence—$1,600,000;

‘Tribunal’ means the former Australian Broadcasting Tribunal constituted under the Broadcasting Act 1942.”.

2.5   Add at the end:

“(2)

A reference in these regulations to the commencement of a licence or a former licence is a reference to the commencement of that licence or former licence under the Broadcasting Act 1942.

“(3)

The Minister may, by notice in writing to a licensee in relation to a claim for a rebate of fees, specify a Commonwealth agency or authority for the purposes of the definition of ‘relevant authority’ in subregulation (2).”.

3.   Regulation 3 (Rebate Scheme A)

3.1   Subregulations 3 (1) and (2):

Omit the subregulations, substitute:

“(1)

A licensee is entitled to a rebate of fees for a licence (including a consolidated licence) if:

  • (a)

    the licensee has notified the relevant authority in writing that the licensee claims a rebate; and

  • (b)

    the Minister has given a direction under subsection 94S (1) or (2) of theBroadcasting Act 1942 in relation to the licence; and

  • (c)

    the licence has not been in force for more than 4 years since the direction was given; and

  • (d)

    the licensee is taking reasonable steps to comply with:

    • (i)

      the condition (if any) under paragraph 9 (1) (d) of the Transitional Provisions Act, that the licensee will comply with an approved implementation plan; or

    • (ii)

      if the condition has been varied under subsection 9 (3) of that Act—the condition as varied.

“(2)

A licensee holding a licence for an area in Tasmania is entitled to a rebate of fees for the licence if:

  • (a)

    the licensee has notified the relevant authority in writing that the licensee claims  a rebate; and

  • (b)

    the Minister has given a direction under subsection 16 (1) of the Transitional Provisions Act in relation to the licence; and

  • (c)

    the licence has not been in force for more than 4 years since the direction was given; and

  • (d)

    the licensee is taking reasonable steps to comply with the approved implementation plan applicable to the licensee.”.

3.2   Subparagraph 3 (3) (a) (ii):

Omit the subparagraph, substitute:

  • “(ii)

    after the Minister has given a direction under subsection 94S (1) or (2) of the Broadcasting Act 1942, or under subsection 16 (1) of the Transitional Provisions Act, as the case may be, in relation to the licence;”.

4   Regulation 4 (Rebate Scheme A—certain consolidated licences)

4.1   Subregulation 4 (1):

Omit the subregulation, substitute:

“(1)

A licensee is entitled to a rebate of fees for a consolidated licence (except a licence in respect of which the licensee is entitled to a rebate of fees under regulation 3) if:

  • (a)

    the licensee has notified the relevant authority in writing that the licensee claims a rebate; and

  • (b)

    a former licensee in relation to the consolidated licence would have been entitled under regulation 3 to a rebate of fees for the former licence on the relevant anniversary in relation to the former licence if the former licence had not been revoked; and

  • (c)

    the licensee is taking reasonable steps to comply with:

    • (i)

      the condition (if any) under paragraph 9 (1) (d) of the Transitional Provisions Act, that the licensee will comply with an approved implementation plan; or

    • (ii)

      if the condition has been varied under subsection 9 (3) of that Act—the condition as varied.

4.2   subregulation 4 (3):

Omit “new” (wherever occurring).

5.   Regulation 5 (Rebate Scheme B)

5.1   Subregulations 5 (1), (2), (3), and (4):

Omit the subregulations, substitute:

“(1)

Subject to subregulation (4), a licensee is entitled to a rebate of fees for a licence (including a consolidated licence) if:

  • (a)

    the licensee has notified the relevant authority in writing that the licensee claims a rebate; and

  • (b)

    the Minister has given a direction under subsection 94S (1) or (2) of theBroadcasting Act 1942 in relation to the licence; and

  • (c)

    the licensee is taking reasonable steps to comply with:

    • (i)

      the condition (if any) under paragraph 9 (1) (d) of the Transitional Provisions Act, that the licensee will comply with an approved implementation plan; or

    • (ii)

      if the condition has been varied under subsection 9 (3) of that Act—the condition as varied.

“(2)

Subject to subregulation (4), a licensee holding a licence for an area in Tasmania is entitled to a rebate of fees for the licence if:

  • (a)

    the licensee notifies the relevant authority in writing that the licensee claims a rebate; and

  • (b)

    the Minister has given a direction under subsection 16 (1) of the Transitional Provisions Act in relation to the licence; and

  • (c)

    the licensee is taking reasonable steps to comply with the approved implementation plan applicable to the licensee.

“(3)

If the date on which the fee for a year is payable is earlier than the seventh anniversary of the date of commencement of the licence, the amount of rebate for the year is:

  • (a)

    if the fee is not more than the standard maximum annual rebate—the amount of the fee; or

  • (b)

    if the fee is more than the standard maximum annual rebate and there is no unused credit amount in relation to the licence—the standard maximum annual rebate; or

  • (c)

    if the fee is more than the standard maximum annual rebate and there is an unused credit amount in relation to the licence—an amount equal to:

    • (i)

      the sum of the standard maximum annual rebate and the unused credit amount; or

    • (ii)

      the amount of the fee;

 whichever is less.

“(4)

If the date on which the fee for the year is payable is on the seventh, or a later, anniversary of the date of commencement of the licence, no rebate may be claimed unless there is an unused credit amount in relation to the licence, in which case the amount of the rebate is the amount of the fee or the unused credit amount, whichever is less.”.

5.2   Subregulation 5 (5):

Omit “commercial television licence held by a licensee”, substitute “licence”.

5.3   Subregulation 5 (5):

Omit “amount of $1,600,000”, substitute “standard maximum annual rebate”.

5.4   Subregulation 5 (5) (definition of “Service Area Population”):

Omit the definition, substitute:

“‘Service Area Population’ means the number specified as the population of the extended service area in a notice:

  • (a)

    under section 91AAD of the Broadcasting Act 1942; and

  • (b)

    in force immediately before the commencement of the Transitional Provisions Act;”.

6.   Regulation 6 (Rebate Scheme B—certain consolidated licences )

6.1   Subregulations 6 (1), (2), (3) and (4):

Omit the subregulations, substitute:

“(1)

Subject to subregulation (4), a licensee is entitled to a rebate of fees for a consolidated licence (except a licence in respect of which the licensee is entitled to a rebate under regulation 5) if:

  • (a)

    the licensee has notified the relevant authority in writing that the licensee claims a rebate; and

  • (b)

    a former licensee in relation to the consolidated licence would have been entitled under regulation 5 to a rebate of fees for the former licence on the relevant anniversary in relation to the former licence if the former licence had not been revoked; and

  • (c)

    the licensee is taking reasonable steps to comply with:

    • (i)

      the condition (if any) under paragraph 9 (1) (d) of the Transitional Provisions Act, that the licensee will comply with an approved implementation plan; or

    • (ii)

      if the condition has been varied under subsection 9 (3) of that Act—the condition as varied.

“(2)

If more than one former licensee in relation to a consolidated licence would have been entitled to a rebate under regulation 5 for a former licence on its relevant anniversary, the rebate to which the holder of the consolidated licence is entitled is to be worked out as if the relevant anniversary referred to in subregulation (1) is the anniversary of the former licence in relation to which the direction day first occurs.

“(3)

If the date on which the fee for a year is payable is earlier than the seventh anniversary of the date of commencement of the consolidated licence, the amount of rebate for the year is:

  • (a)

    if the fee is not more than the standard maximum annual rebate—the amount of the fee; or

  • (b)

    if the fee is more than the standard maximum annual rebate and there is no unused credit amount in relation to a former licence or the consolidated licence—the standard maximum annual rebate; or

  • (c)

    if the fee is more than the standard maximum annual rebate and there is an unused credit amount in relation to a former licence or the consolidated licence—an amount equal to:

    • (i)

      the sum of the standard maximum annual rebate and the unused credit amount; or

    • (ii)

      the amount of the fee;

 whichever is less.

“(4)

If the date on which the fee for the year is payable is on the seventh, or a later, anniversary of the date of commencement of the consolidated licence, no rebate may be claimed unless there is an unused credit amount in relation to a former licence or the consolidated licence, in which case the amount of the rebate is the amount of the fee or the unused credit amount, whichever is less.”.

6.2   Subregulation 6 (5):

Omit “commercial television licence held by a new licensee”, substitute “consolidated licence”.

6.3   Subregulation 6 (5):

Omit “amount of $1,600,000”, substitute “standard maximum annual rebate”.

6.4   Subregulation 6 (5) (definition of “Service Area Population”):

Omit the definition, substitute:

“‘Service Area Population’ means the number specified as the population of the extended service area in a notice:

  • (a)

    under section 91AAD of the Broadcasting Act 1942; and

  • (b)

    in force immediately before the commencement of the Transitional Provisions Act;”.

6.5   Subregulation 6 (5) (definition of “Approved Market Population”):

Omit “new licensee holds the licence”, substitute “licensee holds the consolidated licence”.

7.   New regulations 7, 8 ,9 and 10

7.1   After regulation 6, insert:

Working out the unused credit amount—Rebate Scheme B

“7.

(1) If:

  • (a)

    under Rebate Scheme B, a licensee is entitled to a rebate of fees payable for a licence for a year; and

  • (b)

    the amount of the standard maximum annual rebate is more than the amount of the fees payable;

the difference between those amounts becomes the unused credit amount in relation to the licence in respect of the following year.

“(2)

If:

  • (a)

    under Rebate Scheme B, a licensee is entitled to a rebate of fees payable for a licence for a year ; and

  • (b)

    the amount of the standard maximum annual rebate is more than the amount of the fees payable; and

  • (c)

    there is an unused credit amount in relation to the licence;

the difference between the amounts referred to in paragraph (b) is added to the unused credit amount and the balance becomes the unused credit amount in relation to the licence in respect of the following year.

 “(3) If:

  • (a)

    under Rebate Scheme B, a licensee is entitled to a rebate of fees payable for a licence for a year on the second or a later anniversary of the date of commencement of the licence; and

  • (b)

    the amount of the fees payable is more than the amount of the standard maximum annual rebate; and

  • (c)

    there is an unused credit amount in relation to the licence;

so much of the difference between the amounts referred to in paragraph (b) as can be deducted from the unused credit amount, is so deducted, and the balance becomes the unused credit amount in relation to the licence in respect of the following year.

“(4)

If, under Rebate Scheme B, a licensee is entitled to a rebate of fees payable for a licence for a year on the seventh or a later anniversary of the date of commencement of the licence, the amount of the rebate is deducted from the unused credit amount and the balance (if any) becomes the unused credit amount in relation to the licence in respect of the following year.

 “(5) In this regulation “licensee” includes a former licensee and the holder of a consolidated licence.

Rebate of fees for a former licence

“8.

(1) A licensee holding a consolidated licence is entitled to a rebate of fees payable by a former licensee for a former licence if:

  • (a)

    the licensee has notified the relevant authority in writing that the licensee claims a rebate; and

  • (b)

    the Minister has not given a direction under subsection 94S (1) or (2) of theBroadcasting Act 1942 in relation to the consolidated licence or the former licence; and

  • (c)

    the former licensee would have been entitled to a rebate of fees payable on or after 1 January 1990 in respect of the former licence under Rebate Scheme A or Rebate Scheme B if a direction had been given in relation to the former licence immediately before that date.

 “(2)The amount of the rebate to which the licensee is entitled is the amount to which the former licensee would have been entitled under Rebate Scheme A or Rebate Scheme B, as the case may be, in respect of the former licence if, immediately before 1 January 1990:

  • (a)

    a direction had been given in relation to the former licence; and

  • (b)

    the service area of the former licence had been the extended service area under that direction.

Rebate

where due date for payment precedesMinister’s direction

“9.

If:

  • (a)

    under subsection 123A (6) of the Broadcasting Act 1942, an amount of licence fee became due on 1 January 1992; and

  • (b)

    the Minister gave a direction under subsection 94S (1) or (2) of theBroadcasting Act 1942 in relation to the licence on or after 1 January 1992 and before 30 June 1992; and

  • (c)

    the licensee would have been entitled to a rebate in respect of the amount if the direction had been given immediately before 1 January 1992; and

  • (d)

    the licensee has notified the Tribunal or the Minister in writing that the licensee claims a rebate;

the licensee is entitled to a rebate in respect of the amount under Rebate Scheme A or Rebate Scheme B, as the case may be, as if the direction had been given immediately before 1 January 1992.

Direction to withhold the payment of a rebate

“10.

(1) The Minister may direct that the payment of a rebate to a licensee in respect of a licence (including a consolidated licence) be withheld if, in the opinion of the Minister:

  • (a)

    if the licence is for an area in Tasmania—the licensee is not taking reasonable steps to comply with the approved implementation plan applicable to the licensee; or

  • (b)

    in any other case—the licensee is not taking reasonable steps to comply with:

    • (i)

      the condition (if any) under paragraph 9 (1) (d) of the Transitional Provisions Act, that the licensee will comply with an approved implementation plan; or

    • (ii)

      if the condition has been varied under subsection 9 (3) of that Act—the condition as varied.

“(2)

Application may be made to the Administrative Appeals Tribunal for a review of a direction given by the Minister.

“(3)

When the Minister gives a direction, the Minister must also give the licensee a notice that includes:

  • (a)

    a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, an application may be made to the Administrative Appeals Tribunal for a review of the direction; and

  • (b)

    except where subsection 28 (4) of the Administrative Appeals Tribunal Act 1975 applies—a statement to the effect that a person whose interests are affected by the direction may request a statement under section 28 of that Act.

“(4)

The validity of a direction is not affected by a failure to comply with subregulation (3).

“(5)

Subregulation (1) does not require the Minister to consider the application of the subregulation to a licensee in relation to the payment of a rebate.”.

____________________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 December 1992.

2. Statutory Rules 1990 No. 3 as amended by 1991 No. 79.

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