BROADCASTING AND TELEVISION STATIONS LICENCE FEES.
No. 34 of 1956.
An Act to provide for Fees for Licences for Commercial Broadcasting and Television Stations.
[Assented to 20th June, 1956.]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the Broadcasting and Television Stations Licence Fees Act 1956.
Commencement.
2. This Act shall come into operation on a date to be fixed by Proclamation.
Incorporation of Broadcasting and Television Act.
3. The Broadcasting and Television Act 1942–1956 is incorporated and shall be read as one with this Act.
Licence fees.
4.—(1.) There is payable to the Commonwealth by a licensee, on the grant of his licence, not being a grant by way of the renewal of his licence—
(a) in the case of a licence for a commercial broadcasting station— Twenty-five pounds; or
(b) in the case of a licence for a commercial television station— One hundred pounds.
(2.) There is payable to the Commonwealth by a licensee, on each anniversary, during the period of his licence, of the date of commencement of the licence, the amount referred to in paragraph (a) or (b) of the last preceding sub-section, whichever is applicable, together with an amount equal to one per centum of the gross earnings of his station during the year ended on the thirtieth day of June last preceding that anniversary in respect of the broadcasting or televising of advertisements or other matter.
(3.) There is payable to the Commonwealth by a licensee on the grant of his licence, being a grant by way of renewal of the licence, the amount referred to in paragraph (a) or (b) of sub-section (1.) of this section, whichever is applicable, together with an amount equal to one per centum of the gross earnings of his station during the year ended on the thirtieth day of June last preceding the commencement of the period for which the licence is renewed in respect of the broadcasting or televising of advertisements or other matter.
(4.) Where a licensee has, with the leave of the Board under section one hundred and six of the Broadcasting and Television Act 1942–1956, adopted an accounting period ending on some day other than the thirtieth day of June, a reference in either of the last two preceding sub-sections to the thirtieth day of June shall, in relation to that licensee, be read as a reference to that other day.
Overview
The Broadcasting and Television Stations Licence Fees Act 1956 was enacted to establish a framework for the collection of licence fees from commercial broadcasting and television stations in Australia. This Act was designed to address the need for a structured financial contribution from these entities to the Commonwealth, ensuring that the stations contribute to the costs associated with their operation within the regulatory framework. Enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, the Act aims to streamline the process of fee collection as outlined in the incorporated Broadcasting and Television Act 1942–1956. The primary policy objective is to provide a clear and systematic method for the Commonwealth to receive fees from licensees, ensuring that the financial obligations of commercial broadcasters are well defined and regularly met.
Scope and Application
The Broadcasting and Television Stations Licence Fees Act 1956 applies to all licensees of commercial broadcasting and television stations in Australia, imposing specific fees for the grant and renewal of their licences. The Act mandates the payment of an initial fee, either twenty-five pounds for a commercial broadcasting station licence or one hundred pounds for a commercial television station licence, depending on the type of station. Additionally, licensees must pay an annual fee on each anniversary of their licence, which is calculated as one percent of the gross earnings from advertising or other content broadcast or televised during the preceding financial year. The Act incorporates the Broadcasting and Television Act 1942–1956, ensuring that the provisions of both Acts are read in conjunction with each other. The Act’s application extends across the Commonwealth, affecting all relevant entities operating within Australia. Notably, the Act allows for adjustments to the annual fee calculation for licensees who adopt an accounting period other than the standard year-end on 30 June, provided they have obtained the Board’s approval under the Broadcasting and Television Act 1942–1956.
Key Provisions
The Broadcasting and Television Stations Licence Fees Act 1956 (sections 4) sets out the fees that licensees must pay to the Commonwealth for both commercial broadcasting and television stations. Upon the initial grant of a licence, a licensee for a commercial broadcasting station must pay twenty-five pounds, and for a commercial television station, one hundred pounds. Each year, on the anniversary of the licence's commencement, the licensee must again pay the initial amount, alongside an additional fee that is one percent of the station's gross earnings for the financial year ending June 30. If the licence is renewed, the licensee must again pay the initial fee and the percentage of gross earnings for the year ending June 30 prior to the renewal.
The Act imposes specific obligations on the licensees. They must ensure that all fees are paid punctually, according to the schedule outlined in the Act. The fees must be calculated based on the licensee's gross earnings from the broadcasting or televising of advertisements or other matter. In cases where the licensee has an accounting period that does not end on June 30, the fee calculation must adjust to reflect the licensee's unique financial year-end. These obligations necessitate careful financial record-keeping and timely compliance with the statutory requirements.
Non-compliance with the provisions of the Act can result in significant consequences. While the Act does not explicitly detail the specific civil or criminal penalties for non-payment of the fees, it is reasonable to infer that breaches could lead to enforcement actions under the broader regulatory framework of the Broadcasting and Television Act 1942–1956. Such actions might include fines, legal proceedings, or even the revocation of the licence, depending on the severity and frequency of the breaches. The exact penalties would be determined by the relevant authorities within the context of the overarching broadcasting legislation.