Broadcasting (Charges) Determination 2007

Overview

The Broadcasting (Charges) Determination 2007, made under subsection 60(1) of the Australian Communications and Media Authority Act 2005, was enacted to establish the fees that the Australian Communications and Media Authority (ACMA) can charge for services provided and expenses incurred in relation to the administration of broadcasting licences, implementation plans, and opinions. This legislative instrument aims to provide a transparent and predictable framework for the fees associated with these functions, ensuring that the ACMA can effectively carry out its regulatory responsibilities while also generating revenue to support its operations. The charges outlined in the Determination are intended to cover the costs associated with the processing and assessment of applications, the preparation of opinions, and the approval of implementation plans, thereby facilitating the efficient management of the broadcasting sector in Australia. The Determination was prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra.

Scope and Application

The Broadcasting (Charges) Determination 2007 is a legislative instrument made under the Australian Communications and Media Authority Act 2005. It applies to charges levied by the Australian Communications and Media Authority (ACMA) for services it provides, including the processing of applications for various broadcasting licenses, the assessment and approval of implementation plans under the Commercial Television Conversion Scheme, and the preparation and giving of opinions under the Broadcasting Services Act 1992. The charges apply to entities or individuals who apply for or seek opinions from the ACMA, covering a broad range of entities across various broadcasting sectors. This Determination has a national jurisdictional reach as it is made under the Commonwealth Act. While the Determination sets out specific charges, it may be subject to amendments through subordinate instruments, as evidenced by the Broadcasting (Charges) Amendment Determination 2012 (No. 1), which amended the original Determination. This amendment introduced new charge rates and adjusted existing ones, reflecting changes in the services provided by the ACMA.

Key Provisions

The Broadcasting (Charges) Determination 2007, as amended, sets out the charges for services provided by the Australian Communications and Media Authority (ACMA) under the Australian Communications and Media Authority Act 2005 (ACMA Act). This Determination specifies the fees associated with various applications and services, such as the consideration and processing of licence applications (Section 5) and the preparation and delivery of opinions (Section 5). The fees vary depending on the type of service, such as the renewal of a commercial television broadcasting licence or commercial radio broadcasting licence, which is charged at $598 (Schedule 1, Part 1, Item 4), and the consideration and processing of an application under section 121FA of the Broadcasting Services Act for an international broadcasting licence, which is charged at $3,842 (Schedule 1, Part 1, Item 1). Entities and individuals who apply for services governed by the ACMA must adhere to the fees outlined in this Determination. For example, applicants for an international broadcasting licence must pay the specified charge of $3,842 when they submit their application (Section 6). Similarly, those seeking opinions under the Broadcasting Services Act must pay $14,775 for the preparation and delivery of such opinions (Schedule 1, Part 3, Item 1 and 2). Failure to comply with the payment of these charges can lead to legal consequences. While the Determination does not explicitly outline penalties for non-payment, it is reasonable to infer that non-compliance could result in the ACMA refusing to process the application or service until the required fees are paid. Additionally, ongoing non-payment might be considered an administrative breach, potentially leading to further regulatory action by the ACMA.