Broadcasting (Limited Licences) Fees Act 1988

Overview

The Broadcasting (Limited Licences) Fees Act 1988 was enacted by the Parliament of Australia to establish a framework for the payment of fees associated with certain limited broadcasting licences under the Broadcasting Act 1942. This legislation was introduced to address the need for a structured and systematic approach to collecting fees from holders of limited broadcasting licences, ensuring a consistent revenue stream for the Commonwealth. The Act was assented to on 26 December 1988 and commenced on the same day, reflecting the urgency and importance of establishing a clear regulatory environment for broadcasting fee payments. The Act incorporates the Broadcasting Act 1942 and outlines the fees payable on the grant, renewal, and annually for limited licences, with the specific amounts to be determined by regulations made under the authority of this Act.

Scope and Application

The Broadcasting (Limited Licences) Fees Act 1988 is an Australian Commonwealth Act that pertains to the payment of fees associated with certain broadcasting licences granted under the Broadcasting Act 1942. This Act applies to holders of limited broadcasting licences, which include entities that have been granted such limited licences for broadcasting purposes, and it is read in conjunction with the Broadcasting Act 1942. The fees stipulated by this Act are payable as a tax and cover the grant, renewal, and annual payments associated with these limited licences, with the specific fee amounts and procedures determined by regulations made under the Act. The Act’s jurisdictional reach is limited to the Commonwealth of Australia, and its application extends to any entity or person holding a limited broadcasting licence within the Commonwealth. The Act does not specify exclusions or exemptions, but it allows for the creation of regulations that may further define the application and procedural aspects of the fees.

Key Provisions

The Broadcasting (Limited Licences) Fees Act 1988 (sections 4, 5, and 6) establishes the framework for fees that need to be paid by holders of limited broadcasting licences. Section 4 mandates that fees are payable to the Commonwealth by way of tax in respect of the licence, while sections 5 and 6 outline specific fees for the grant and renewal of limited licences, as well as annual fees. The fees are to be determined in accordance with regulations made under this Act. Section 5(1) specifies that a fee is payable on the initial grant of a limited licence, with the amount ascertained through regulations. This includes the possibility of determining the fee through a tendering, bidding, or auction system as outlined in subsection 5(2). Similarly, section 5(4) states that a fee is payable upon the renewal of a limited licence, with the amount again ascertained by regulations. Section 6 stipulates that an annual fee is payable each year during the licence period and for the 12 months following its expiration, unless the licence was granted for a period of 12 months or less. The amount of these annual fees is also determined by regulations under section 6(1). The Act imposes certain obligations and requirements on the parties involved. Section 5(1) and 5(4) place a responsibility on the holders of limited broadcasting licences to pay the fees for the grant and renewal of their licences, as determined by the regulations. Section 6 similarly requires the holders to pay the annual fees, unless the licence duration is 12 months or less, in which case no annual fee is payable. The Governor-General has the authority under section 7 to make regulations that are not inconsistent with this Act, to prescribe all matters required or permitted by the Act, as well as those necessary or convenient for carrying out or giving effect to the Act. The Act does not explicitly outline offences, penalties, or consequences for non-compliance within its text. However, the imposition of fees under this Act suggests that failure to pay the prescribed fees could lead to legal consequences. The specific penalties for non-payment or other breaches would likely be determined by the regulations made under section 7, which could include fines or other enforcement actions. Given that the Act incorporates the Broadcasting Act 1942, additional penalties or enforcement mechanisms might be found within that broader legislative framework.