Broadcasting (Limited Licences) Fees Regulations

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Broadcasting (Limited Licences) Fees Regulations 1991 No. 80

 

 

EXPLANATORY STATEMENT

 

Statutory Rules 1991 No. 80

 

Broadcasting (Limited Licences) Fees Regulations

 

Issued by the Authority of the Minister of State for Transport and Communications

 

Section 7 of the Broadcasting (Limited Licences) Fees Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

 

Section 4 of the Act provides that there are payable to the Commonwealth by the holder of a limited licence, by way of tax in respect of the licence, fees in accordance with sections 5 and 6 of the Act. Limited licences are granted under section 81 of the Broadcasting Act 1942. The limited licence regime was inserted in the Broadcasting Act by the Broadcasting Legislation Amendment Act 1988. Section 81B of the Broadcasting Act sets out four categories of purposes for which a limited licence may be granted: information purposes; special event purposes; remote Aboriginal community purposes; and special interest purposes.

 

Subsection 5(1) of the Act provides that there is payable on the grant of a limited licence, not being a grant by way of the renewal of the licence, a fee of an amount ascertained in accordance with the regulations. Subsection 5(2) of the Act provides that regulations made for the purposes of subsection 5(1) may prescribe a fee of an amount specified in the regulations, or prescribe a procedure in accordance with which the amount of the fee is to be ascertained.

 

Subsection 5(4) of the Act provides that there is payable on the renewal of a limited licence a fee of an amount ascertained in accordance with the regulations.

 

Subsection 6(1) of the Act provides that there is payable on each 1 January that occurs during the period of a limited licence, or during a period of 12 months immediately following the end of the period of a limited licence, a fee of an amount ascertained in accordance with the regulations. Subsection 6(2) provides that subsection 6(1) does not apply to a limited licence granted for a period of 12 months or less. Subsection 6(3) provides that regulations made for the purposes of subsection 6(1) may prescribe a fee of an amount specified in the regulations, or may prescribe a procedure in accordance with which the amount of the fee is to be ascertained.

 

The Broadcasting (Limited Licences) Fees Regulations (the Regulations) prescribe fees payable for the grant, renewal and variation of local information limited licences and special event limited licences. The Regulations also prescribe annual fees and fees payable on the grant of text or graphic information limited licences. Details of the Regulations are set out in the attached Notes on Regulations.

 

ATTACHMENT

 

NOTES ON BROADCASTING (LIMITED LICENCES) FEES REGULATIONS

 

PART I - PRELIMINARY

 

Regulation 1 - Citation

 

Provides that the proposed Regulations may be cited as the Broadcasting (Limited Licences) Fees Regulations.

 

Regulation 2 - Interpretation

 

Regulation 2 defines terms used in the proposed Regulations. PART 2 - LOCAL INFORMATION LICENCES

Regulation 3 - Fees for the grant of a local information licence

 

Regulation 3 provides that a fee, for the purposes of subsection 5(1) of the Act, is payable upon the grant of a local information limited licence. Subregulation 3(2) sets out a formula for calculating the amount of the fee; the formula is based on the number of transmitters to be used by the holder of the local information limited licence for the purposes of the licence. Paragraph 3(1)(b) provides that the fee shall not exceed $3,300.

 

Regulation 4 - Fees for renewal of a local information licence

 

Regulation 4 provides that a fee, for the purposes of subsection 5(4) of the Act, is payable on the renewal of a local information limited licence.

 

Subregulation 4(1) provides that the amount of the renewal fee is $100, subject to subregulation 4(2).

 

Subregulation 4(2) sets out a formula for calculating the renewal fee which is payable for a local information limited licence where the person renewing the licence proposes to increase the number of transmitters to be used for the purposes of the licence. The formula is based on the number of extra transmitters to be used.

 

Regulation 5 - Fees for variation of a local information licence

 

Regulation 5 provides that a fee is payable where, during the period of a local information limited licence, or any renewal period of such licence, the licensee applies to increase the number of transmitters to be used for the purposes of the licence. The amount of the fee is calculated using a formula based on the number of extra transmitters proposed to be used.

 

PART 3 - SPECIAL EVENT LICENCES

 

Regulation 6 - Fees for the grant of a special event licence

 

Regulation 6 provides that a fee, for the purposes of subsection 5(1) of the Act, is payable on the grant of a special event limited licence. Subregulation 6(2) sets out a formula for calculating the amount of the fee; the formula is based on the number and type of transmitters to be used by the holder of the special event limited licence for the purposes of the licence. Paragraph 6(1)(b) provides that the fee shall not exceed

$3,300.

 

Regulation 7 - Fees for further grant of a special event licence where not less than 26 weeks notice is given

 

Regulation 7 provides for the payment of a fee, for the purposes of subsection 5(1) of the Act, for the further grant of a special event limited licence, for the purposes of a similar special event which is to be presented in the same locality as the first special event.

 

The intended effect of this regulation is that where a special event, for instance, a particular flower show or a particular Grand Prix car race, is held at the same location on a regular basis, for example once or twice a year, or once every two or three years, and the same person wishes to obtain a special event limited licence each time that special event is to be held, then, as long as that person applies for the second and subsequent licences not less than 26 weeks before the next special event to be covered by each licence, the fee payable by the person for those subsequent grants will be less than that for the first grant of a licence for that special event. The reason for this is that the initial grant fees represent, in addition to an administrative fee, a partial cost recovery for the Department's technical planning relating to the establishment of the service, in particular the number and type of transmitters to be used for the purposes of the licence.

 

Subregulation 7(1) provides that where a person makes such a subsequent application within the 26 week period, and the number of transmitters to be used is unchanged, the fee payable on grant of the subsequent licence is $100.

 

Subregulation 7(2) provides that where a person makes such a subsequent application within the 26 week period, and the number of transmitters to be used is increased, the fee payable on grant of the subsequent licence is $100 plus amounts calculated using a formula based on the number and type of the proposed extra transmitters.

 

Regulation 8 - Fees for variation of a special event licence

 

Regulation 8 provides that a fee is payable where, before the conclusion of a special event, the holder of a special event limited licence covering that special event, applies to increase the number of transmitters to be used for the purposes of the licence. The amount of the fee is calculated using a formula based on the number and type of extra transmitters proposed to be used.

 

PART 4 - TEXT OR GRAPHIC INFORMATION LICENCES

 

Regulation 9 - Fees for grant of text or graphic information licence

 

Regulation 9 provides that, for the purposes of subsection 5(1) of the Act, the fee payable on the grant of a text of graphic information limited licence is $100.

 

Regulation 10 - Annual fees for text or graphic information licence

 

Subregulation 10(1) provides that, for the purposes of subsection 6(1) of the Act, the annual fee for a text or graphic information limited licence is $100.

 

Subregulation 10(2) provides that where a text or graphic information limited licence is granted on 1 January in any year, the first annual fee payable in respect of that licence is the next 1 January.

Overview

The Broadcasting (Limited Licences) Fees Regulations 1991, issued under the authority of the Minister of State for Transport and Communications, were enacted to establish a structured fee system for the grant, renewal, and variation of limited broadcasting licences in Australia, as outlined in the Broadcasting (Limited Licences) Fees Act 1988. The primary purpose of this legislation is to ensure that fees for limited licences, which include local information, special event, remote Aboriginal community, and special interest purposes, are systematically calculated and collected to cover administrative costs and partial cost recovery for technical planning and services provided by the Department. The regulations address the need for a clear and consistent fee structure to manage the various types of limited licences granted under the Broadcasting Act 1942, thus ensuring that the Commonwealth receives the appropriate fees for the provision of these services. The policy objective is to maintain an orderly and predictable fee system that supports the efficient administration of limited broadcasting licences.

Scope and Application

The Broadcasting (Limited Licences) Fees Regulations 1991 govern the fees associated with limited broadcast licences, which are issued under the Broadcasting Act 1942 for specific purposes including information, special events, remote Aboriginal communities, and special interests. These regulations apply to holders of limited licences who must pay fees in accordance with the Broadcasting (Limited Licences) Fees Act 1988. The fees are applicable to the grant, renewal, and variation of local information, special event, and text or graphic information limited licences. The Act applies across the Commonwealth of Australia, and the fees are calculated based on factors such as the number and type of transmitters to be used and the period of the licence. Notably, the fee for the grant of a local information or special event limited licence is capped at a maximum of $3,300. The Regulations also provide for reduced fees in certain circumstances, such as when a special event limited licence is applied for within 26 weeks of a previous licence for a similar event in the same locality. Subordinate instruments may extend or restrict the application of these Regulations, but no such instruments are specified in the provided text.

Key Provisions

The Broadcasting (Limited Licences) Fees Regulations 1991 (the Regulations) establish the fees that must be paid for the grant, renewal, and variation of limited licences under the Broadcasting (Limited Licences) Fees Act 1988 (the Act). These regulations cover four categories of limited licences: local information, special event, remote Aboriginal community, and special interest purposes. Specifically, Regulation 3 outlines the fee for the grant of a local information limited licence, which is calculated based on the number of transmitters to be used, but it cannot exceed $3,300 (Reg. 3(2)). For renewals, Regulation 4 specifies a $100 fee, with an additional fee calculated based on any increase in the number of transmitters (Reg. 4(1)-(2)). Regulation 5 covers fees for variations during the licence period or renewal period, which are also calculated based on the number of additional transmitters proposed to be used. Under the Regulations, the holders of limited licences are required to pay the prescribed fees at the time of the grant, renewal, or variation of their licences. For example, a holder of a local information limited licence must pay the initial grant fee as per Regulation 3 and the renewal fee as per Regulation 4. Similarly, a holder of a special event limited licence must pay the initial grant fee as per Regulation 6 and the fee for any subsequent grants as per Regulation 7. Failure to pay the required fees on time could result in the suspension or cancellation of the licence, affecting the holder's ability to broadcast. The Act and Regulations impose several financial penalties for non-compliance. Under the Broadcasting (Limited Licences) Fees Act 1988, a person who fails to pay the prescribed fees can be subject to a penalty. The specific penalties and maximum fines are not detailed in the Explanatory Statement, but generally, non-payment of fees can lead to enforcement actions, including fines or other civil penalties. Additionally, continued non-compliance could result in the suspension or revocation of the limited licence, preventing the holder from continuing their broadcasting activities.

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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.