Broadcasting Amendment Act (No. 2) 1987

Administered by Department of Communications and the Arts

Legislation au C2004A03489 Not in force Act

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Broadcasting Amendment Act (No. 2) 1987

No. 80 of 1987

 

An Act to amend the Broadcasting Act 1942, and for related purposes

[Assented to 5 June 1987]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.

1. (1) This Act may be cited as the Broadcasting Amendment Act (No. 2) 1987.

(2) The Broadcasting Act 19421 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on a day to be fixed by Proclamation.


Renewal of licences

3. Section 86 of the Principal Act is amended by omitting from subsection (11d) “failed to pay” and substituting “unreasonably or repeatedly delayed paying”.

Suspension and revocation of licences

4. Section 88 of the Principal Act is amended by omitting from paragraph (1) (b) “failed to pay” and substituting “unreasonably or repeatedly delayed paying”.

5. After section 123 of the Principal Act the following section is inserted:

Penalty for unpaid licence fees

“123a. (1) If an amount of licence fee remains unpaid after the end of the period of 2 months beginning on the due date, an additional fee is due and payable by way of penalty by the holder of the licence at the rate of 20% per annum on the amount unpaid, computed from the due date.

“(2) Where an additional fee is due and payable by the holder of the licence under this section in relation to an amount of licence fee and an authorised person:

(a) is satisfied that:

(i) the circumstances that contributed to the delay in payment of the amount were not due to, or caused directly or indirectly by, an act or omission of the holder of the licence; and

(ii) the holder of the licence has taken reasonable action to mitigate, or mitigate the effects of, those circumstances;

(b) is satisfied that:

(i) the circumstances that contributed to the delay in payment of the amount were due to, or caused directly or indirectly by, an act or omission of the holder of the licence;

(ii) the holder of the licence has taken reasonable action to mitigate, or mitigate the effects of, those circumstances; and

(iii) having regard to the nature of those circumstances, it would be fair and reasonable to remit the additional fee or part of the additional fee; or

(c) is satisfied that there are special circumstances by reason of which it would be fair and reasonable to remit the additional fee or part of the additional fee;

the authorised person may remit the additional fee or part of the additional fee.

“(3) Where judgment is given by, or entered in, a court for the payment of:

(a) an amount of licence fee; or

(b) an amount that includes an amount of licence fee;

then:


(c) the amount of licence fee shall not be taken, for the purposes of subsection (1), to have ceased to be due and payable by reason only of the giving or entering of the judgment; and

(d) if the judgment debt carries interest, the additional fee that would, but for this paragraph, be payable under this section in relation to the amount of licence fee shall, by force of this paragraph, be reduced by:

(i) if paragraph (a) applies—the amount of the interest; or

(ii) if paragraph (b) applies—an amount that bears the same proportion to the amount of the interest as the amount of licence fee bears to the amount of the judgment debt.

“(4) Notwithstanding anything contained in this section, any amount of unpaid licence fee may be recovered immediately after the due date.

“(5) Subject to subsection (6), the due date in relation to a licence fee is the day on which the fee becomes payable.

“(6) Where:

(a) an amount of licence fee becomes payable by the holder of a licence in respect of a particular period; and

(b) the day on which the licence fee becomes payable occurs before the day (in this subsection called the ‘return date’) by which the holder of the licence is required by section 123 to furnish to the Tribunal:

(i) an audited balance-sheet and profit and loss account in respect of the service provided pursuant to the licence for that period; and

(ii) a statutory declaration stating the gross earnings in respect of the licence during that period;

the due date in relation to the licence fee is the day immediately following the return date.

“(7) In this section:

‘authorised person’ means:

(a) the Minister; or

(b) an officer authorised by the Minister in writing for the purposes of this section;

‘licence fee’ means a fee payable by the holder of a licence under the Radio Licence Fees Act 1964 or the Television Licence Fees Act 1964.”.

Amendments of Broadcasting and Television Act 1942 as in force immediately before 1 January 1986 for the purposes of its continued application to old system licences

6. For the purposes of the continued application, by virtue of section 98 of the Broadcasting and Television Amendment Act 1985, of the Broadcasting and Television Act 1942 as in force immediately before 1 January 1986, the Broadcasting and Television Act 1942 as in force


immediately before 1 January 1986 is amended as set out in the Schedule to this Act.

Application of amendments

7. Additional fees payable by virtue of the amendments made by this Act are payable only in relation to amounts of licence fee that become payable after the commencement of this Act.

 

SCHEDULE Section 6

AMENDMENTS OF THE BROADCASTING AND TELEVISION ACT 1942 AS IN FORCE IMMEDIATELY BEFORE 1 JANUARY 1986 FOR THE PURPOSES OF ITS CONTINUED APPLICATION TO OLD SYSTEM LICENCES

Subsection 86 (11d):

Omit “failed to pay”, substitute “unreasonably or repeatedly delayed paying”.

Paragraph 88 (1) (b):

Omit “failed to pay”, substitute “unreasonably or repeatedly delayed paying”.

After section 106:

Insert the following section:

Penalty for unpaid licence fees

“106aa. (1) If an amount of licence fee remains unpaid after the end of the period of 2 months beginning on the due date, an additional fee is due and payable by way of penalty by the holder of the licence at the rate of 20% per annum on the amount unpaid, computed from the due date.

“(2) Where an additional fee is due and payable by the holder of the licence under this section in relation to an amount of licence fee and an authorised person:

(a) is satisfied that:

(i) the circumstances that contributed to the delay in payment of the amount were not due to, or caused directly or indirectly by, an act or omission of the holder of the licence; and

(ii) the holder of the licence has taken reasonable action to mitigate, or mitigate the effects of, those circumstances;

(b) is satisfied that:

(i) the circumstances that contributed to the delay in payment of the amount were due to, or caused directly or indirectly by, an act or omission of the holder of the licence;

(ii) the holder of the licence has taken reasonable action to mitigate, or mitigate the effects of, those circumstances; and

(iii) having regard to the nature of those circumstances it would be fair and reasonable to remit the additional fee or part of the additional fee; or

(c) is satisfied that there are special circumstances by reason of which it would be fair and reasonable to remit the additional fee or part of the additional fee;

the authorised person may remit the additional fee or part of the additional fee.

“(3) Where judgment is given by, or entered in, a court for the payment of:

(a) an amount of licence fee; or

(b) an amount that includes an amount of licence fee;

SCHEDULE—continued

then:

(c) the amount of licence fee shall not be taken, for the purposes of subsection (1), to have ceased to be due and payable by reason only of the giving or entering of the judgment; and

(d) if the judgment debt carries interest, the additional fee that would, but for this paragraph, be payable under this section in relation to the amount of licence fee shall, by force of this paragraph, be reduced by:

(i) if paragraph (a) applies—the amount of the interest; or

(ii) if paragraph (b) applies—an amount that bears the same proportion to the amount of the interest as the amount of licence fee bears to the amount of the judgment debt.

“(4) Notwithstanding anything contained in this section, any amount of unpaid licence fee may be recovered immediately after the due date.

“(5) Subject to subsection (6), the due date in relation to a licence fee is the day on which the fee becomes payable.

“(6) Where:

(a) an amount of licence fee becomes payable by the holder of a licence in respect of a particular period; and

(b) the day on which the licence fee becomes payable occurs before the day (in this subsection called the ‘return date’) by which the holder of the licence is required by section 106 to furnish to the Tribunal:

(i) an audited balance-sheet and profit and loss account in respect of the relevant station for that period; and

(ii) a statutory declaration stating the gross earnings of the relevant station during that period;

the due date in relation to the licence fee is the day immediately following the return date.

“(7) In this section:

‘authorised person’ means:

(a) the Minister; or

(b) an officer authorised by the Minister in writing for the purposes of this section;

‘licence fee’ means a fee payable by the holder of a licence under:

(a) the Broadcasting Stations Licence Fees Act 1964; or

(b) the Television Stations Licence Fees Act 1964;

as in force immediately before 1 January 1986.”.

 


NOTE

1. No. 33, 1942, as amended. For previous amendments, see No. 39, 1946; No. 64, 1948; No. 80, 1950; No. 41, 1951; No. 12, 1953; No. 82, 1954; Nos. 33, 65 and 92, 1956; No. 36, 1960 (as amended by No. 32, 1961); No. 96, 1962; No. 82, 1963; Nos. 67 and 121, 1964; Nos. 38 and 120, 1965; No. 57, 1966; No. 47, 1967; No. 69, 1968; Nos. 21 and 31, 1969; Nos. 8, 72 and 136, 1971; No. 49, 1972; No. 50, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 55, 1974; No. 56, 1975; Nos. 89, 157 and 187, 1976; No. 160, 1977; Nos. 36, 52 and 210, 1978; Nos. 143 and 177, 1980; Nos. 61, 113 and 153, 1981; No. 154, 1982; Nos. 7, 37, 39, 91 and 136, 1983; Nos. 10, 63, 72, 163 and 165, 1984; Nos. 66 and 191, 1985; No. 2, 1986; and Nos. 68 and 79, 1987.

[Minister’s second reading speech made in—

House of Representatives on 25 February 1987

Senate on 23 March 1987]

Overview

The Broadcasting Amendment Act (No. 2) 1987 was enacted by the Commonwealth Parliament to amend the Broadcasting Act 1942, primarily addressing issues related to the renewal and payment of broadcasting licences. The Act introduces amendments to improve the management and regulation of broadcasting services, ensuring that broadcasters meet their financial obligations in a timely manner. The primary policy objective is to strengthen the enforcement mechanisms around licence fee payments, thereby ensuring the sustainability and integrity of the broadcasting sector. The Act modifies certain provisions to clarify that penalties apply not only when licence fees are unpaid but also when payments are unreasonably or repeatedly delayed. Additionally, it introduces a penalty fee for unpaid licence fees and outlines conditions under which an authorised person may remit such fees. The amendments are designed to provide greater flexibility in the enforcement of licence fee payments, taking into account circumstances that may have contributed to the delay. The Act also ensures that any judgement for unpaid licence fees does not automatically absolve the broadcaster of their obligations, providing a clear pathway for the recovery of unpaid fees. This legislative update aims to maintain the balance between regulatory oversight and the operational needs of broadcasters.

Scope and Application

The Broadcasting Amendment Act (No. 2) 1987 amends the Broadcasting Act 1942 to address the renewal of licences, the conditions for their suspension or revocation, and the imposition of penalties for unpaid licence fees. This Act applies to entities holding broadcasting licences under the Principal Act, which refers to the Broadcasting Act 1942. It is a Commonwealth Act and applies across Australia, impacting broadcasters operating within the jurisdiction of the Commonwealth. The Act excludes certain conduct or transactions not directly related to the payment of licence fees or the operation of broadcasting licences. The Act also allows for the extension or restriction of its application through subordinate instruments, such as regulations or orders, which may provide further detail on the implementation of the provisions outlined in the Act.

Key Provisions

The Broadcasting Amendment Act (No. 2) 1987 introduces significant changes to the Broadcasting Act 1942, primarily concerning licence fee payments and penalties for non-payment. Section 3 modifies section 86 of the Principal Act by changing the grounds for licence suspension from "failure to pay" to "unreasonably or repeatedly delayed paying" licence fees. Similarly, section 4 amends section 88 of the Principal Act, altering the conditions for licence revocation to align with the same criteria of unreasonable or repeated delay in payment (sections 86(11d) and 88(1)(b)). The Act also introduces new provisions regarding penalties for unpaid licence fees. Under section 5, a new section 123a is inserted into the Principal Act. This section stipulates that if a licence fee remains unpaid two months after the due date, an additional fee of 20% per annum on the unpaid amount is payable as a penalty, calculated from the due date. The authorised person, defined as either the Minister or an officer authorised by the Minister, has the discretion to remit the additional fee if certain conditions are met, such as the delay not being due to the holder's actions, or if special circumstances warrant a reduction. The Act further clarifies that unpaid licence fees may be recovered immediately after the due date, and the due date may vary depending on the timing of financial returns and reports. In terms of obligations and requirements, licence holders must ensure timely payment of their fees to avoid penalties. They are also required to provide necessary financial documentation and reports to the Tribunal as stipulated in the Act. The Act imposes specific obligations on the authorised person to review and potentially remit penalties based on the circumstances of non-payment and any mitigating actions taken by the licence holder. Breaches of the Act, particularly failure to pay licence fees within the stipulated timeframes, attract penalties as outlined in section 5. The primary penalty is the imposition of an additional fee of 20% per annum on the unpaid amount, which is computed from the due date. However, the authorised person retains the discretion to remit all or part of this additional fee under certain conditions, such as extenuating circumstances or reasonable efforts by the licence holder to mitigate the delay. The Act also ensures that unpaid fees remain recoverable, and it clarifies the treatment of interest in the context of court judgments. The potential civil and financial consequences for non-compliance include the accumulation of additional fees, which could significantly increase the financial burden on the licence holder if not addressed promptly.

Legal classification tags

Area of Law
Media & Entertainment Law
Instrument
Act
Concepts
Commencement Provisions
Penalty for unpaid licence fees
Amendments of Broadcasting and Television Act 1942

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