Broadcasting (Charges) Amendment Determination 2012 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2012L01229 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Broadcasting (Charges) Amendment Determination 2012 (No. 1)

Australian Communications and Media Authority Act 2005

 

Legislative Provisions

 

The Broadcasting (Charges) Amendment Determination 2012 (No. 1) (the Determination) has been made by the Australian Communications and Media Authority (the ACMA) to amend the Broadcasting (Charges) Determination 2007.  The Determination provides updated charges arising from a review of the ACMA’s cost recovery fees and charges.

 

Subsection 60(1) of the Australian Communications and Media Authority Act 2005 provides that the ACMA may, by written instrument, make determinations fixing charges for services provided by the ACMA and for any matter in relation to which expenses are incurred by the ACMA under the Broadcasting Services Act 1992.  The charges must not be such as to amount to taxation.

 

This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Background

 

The ACMA has reviewed its fees and charges as part of a periodic review of its cost recovery arrangements in accordance with the Australian Government’s Cost Recovery Guidelines. The review resulted in updates to certain existing charges, including charges for services provided by the ACMA under the Broadcasting Services Act 1992. 

 

This Determination specifies the charges payable to the ACMA for services in relation to:

(a)   applications for certain broadcasting licences to be issued and renewed under the Broadcasting Services Act 1992;

(b)   submission of implementation plans and applications to vary implementation plans under the Commercial Television Conversion Scheme 1999, made under the Broadcasting Services Act 1992; and

(c)   preparing and giving an opinion under section 21 or section 74 of the Broadcasting Services Act 1992.

 

Regulation Impact

 

The ACMA has obtained the advice of the Office of Best Practice Regulation that a Regulation Impact Statement is not required for the Determination as the proposal does not have a significant impact on business or the economy (exemption reference ID: 2011/13142).  A Cost Recovery Impact Statement has been prepared which outlines the basis for calculating the charges payable.

Consultation

A consultation paper about the review of the ACMA’s cost recovery fees and charges was released for public comment on 9 November 2011.  The paper proposed changes to the charges in this Determination.  The consultation paper was also published on the ACMA’s website and was provided directly to a range of industry bodies, associations and companies, including the major broadcasting licensees. 

 

The ACMA received four submissions on the proposed fees and charges none of which related to the fees being amended by the Determination.

The ACMA is satisfied that its consultation process in relation to the Determination was appropriate for the purposes of section 17 of the Legislative Instruments Act 2003.

Commencement of Determination

 

The Determination commences on 1 July 2012.

 

Notes on Sections

The provisions of the Determination are described in Attachment 1.

 

Statement of Compatibility with Human Rights

A statement of compatibility with human rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out in Attachment 2.

Attachment 1

Notes on Sections

 

Section 1 – Name of Determination

Section 1 provides for the citation of the Determination as the Broadcasting (Charges) Amendment Determination 2012 (No. 1).

Section 2 – Commencement

Section 2 provides that the Determination commences on 1 July 2012.

Section 3 – Amendments to Broadcasting (Charges) Determination 2007

Section 3 provides that the amendments to the Broadcasting (Charges) Determination 2007 are set out in Schedule 1 of the Determination.

 

Notes on Schedule 1

Items [1] and [2] are mechanical provisions which have the effect of changing references to “ACMA” in the Broadcasting (Charges) Determination 2007 into “the ACMA”.

Item [3] omits section 5 of the Broadcasting (Charges) Determination 2007 and substitutes a new section 5 which omits certain references to dates that are no longer required to be included in the determination.

Item [4] omits Schedule 1 of the Broadcasting (Charges) Determination 2007 and substitutes a new Schedule 1 specifying revised charges.

 

 


Attachment 2

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Broadcasting (Charges) Amendment Determination 2012 (No. 1)

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The Broadcasting (Charges) Amendment Determination 2012 (No. 1) (the Determination) has been made by the Australian Communications and Media Authority (the ACMA) to amend the Broadcasting (Charges) Determination 2007.  The Determination provides updated charges arising from a review of the ACMA’s cost recovery fees and charges.

 

Subsection 60(1) of the Australian Communications and Media Authority Act 2005 provides that the ACMA may, by written instrument, make determinations fixing charges for services provided by the ACMA and for any matter in relation to which expenses are incurred by the ACMA under the Broadcasting Services Act 1992.  The charges must not be such as to amount to taxation.

 

The ACMA has reviewed its fees and charges as part of a periodic review of its cost recovery arrangements in accordance with the Australian Government’s Cost Recovery Guidelines. The review resulted in updates to a range of existing charges, including charges for services provided by the ACMA under the Broadcasting Services Act 1992. 

 

The Determination specifies the charges payable to the ACMA for services in relation to:

(a)   applications for certain broadcasting licences to be issued and renewed under the Broadcasting Services Act 1992;

(b)   submission of implementation plans and applications to vary implementation plans under the Commercial Television Conversion Scheme 1999, made under the Broadcasting Services Act 1992; and

(c)   preparing and giving an opinion under section 21 or section 74 of the Broadcasting Services Act 1992.

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

Overview

The Broadcasting (Charges) Amendment Determination 2012 (No. 1) was enacted by the Australian Communications and Media Authority (ACMA) under the Australian Communications and Media Authority Act 2005. The purpose of this Determination was to update the charges set forth in the Broadcasting (Charges) Determination 2007, following a periodic review of the ACMA’s cost recovery fees and charges in line with the Australian Government’s Cost Recovery Guidelines. The ACMA, as the enacting body, conducted this review to ensure that its fee structure remained fair and reflective of its operational costs. The Determination specifically addresses updated charges related to applications for certain broadcasting licences, submission of implementation plans, and the preparation of opinions under the Broadcasting Services Act 1992. It is important to note that the charges specified must not amount to taxation, as per the legislative provisions.

Scope and Application

The Broadcasting (Charges) Amendment Determination 2012 (No. 1), made under the Australian Communications and Media Authority Act 2005, amends the Broadcasting (Charges) Determination 2007 to update the charges set by the Australian Communications and Media Authority (ACMA). The ACMA has the authority to establish these charges for services provided under the Broadcasting Services Act 1992, subject to the condition that they do not amount to taxation. The updated charges pertain to applications for broadcasting licences, implementation plans under the Commercial Television Conversion Scheme 1999, and opinions given under sections 21 and 74 of the Broadcasting Services Act 1992. This amendment is a legislative instrument under the Legislative Instruments Act 2003 and came into effect on 1 July 2012. The ACMA conducted a review of its cost recovery fees and charges in line with the Australian Government’s Cost Recovery Guidelines, which resulted in the updated charge specifications outlined in Schedule 1 of the Determination. The ACMA consulted relevant industry bodies and stakeholders during this review, receiving feedback that informed the final determination. The changes do not require a Regulation Impact Statement as they are not deemed to have a significant impact on business or the economy.

Key Provisions

The Broadcasting (Charges) Amendment Determination 2012 (No. 1) (section 1) amends the Broadcasting (Charges) Determination 2007 to update the charges for services provided by the Australian Communications and Media Authority (ACMA). Specifically, section 3 of the Determination outlines amendments that are detailed in Schedule 1, including mechanical changes to references and the substitution of revised charges. This amendment is made under the authority of subsection 60(1) of the Australian Communications and Media Authority Act 2005, which allows the ACMA to set charges for its services, provided they do not amount to taxation. The updated charges pertain to applications for broadcasting licences (section 5), submission of implementation plans under the Commercial Television Conversion Scheme 1999 (section 6), and opinions under sections 21 and 74 of the Broadcasting Services Act 1992 (section 7). The obligations imposed by this Determination on entities governed by it include ensuring compliance with the updated charges as specified in Schedule 1. This includes broadcasters and other entities applying for or renewing broadcasting licences, submitting implementation plans, or seeking opinions from the ACMA under the Broadcasting Services Act 1992. Entities must adhere to the revised charges for these services, which are detailed in the new Schedule 1. The ACMA is responsible for enforcing these charges and ensuring that all applicable fees are paid in a timely manner. Compliance with these charges is critical for maintaining the regulatory framework governing broadcasting services in Australia. Failure to comply with the updated charges specified in the Determination could result in civil or administrative penalties. While the Determination itself does not explicitly detail specific penalties for non-compliance, non-payment of required charges could lead to enforcement actions by the ACMA. These actions might include fines or other administrative measures to ensure compliance with the updated fee structure. Additionally, ongoing non-compliance could potentially lead to more severe consequences, such as the suspension or revocation of broadcasting licences, depending on the nature and severity of the breach.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.