Broadcasting (Retransmission Permits and Temporary Transmission Permits) Fees Act 1988

Overview

The Broadcasting (Retransmission Permits and Temporary Transmission Permits) Fees Act 1988 was enacted to address the need for a formalised system of fee collection for certain permits granted under the Broadcasting Act 1942. This Act, assented to on 26 December 1988 and commencing on 1 March 1989, provides a legislative framework for the payment of fees in respect of retransmission permits and temporary transmission permits. The Act was introduced by the Commonwealth Parliament to ensure that the Commonwealth receives appropriate compensation for the issuance and renewal of these permits. It incorporates the Broadcasting Act 1942 and specifies the fees payable on the grant and renewal of such permits, with the details of these fees to be prescribed by regulations made under the authority of the Governor-General. The policy objective is to establish a clear and regulated method for the collection of fees associated with broadcasting permits.

Scope and Application

The Broadcasting (Retransmission Permits and Temporary Transmission Permits) Fees Act 1988 applies to the holders of retransmission permits and temporary transmission permits, as granted under the Broadcasting Act 1942. These permits are typically held by entities within the broadcasting industry, such as television and radio broadcasters, who seek to retransmit or temporarily transmit content. The Act imposes a fee on these permit holders as a form of tax, with the specifics of the fee amount determined through subordinate regulations. The Act applies on a national level across Australia, as it is a Commonwealth Act, and there are no stated exclusions or exemptions within the text of the Act itself. However, the Governor-General has the authority to make regulations that may further specify details or create exceptions, ensuring the Act can be applied flexibly and comprehensively across the broadcasting industry.

Key Provisions

The Broadcasting (Retransmission Permits and Temporary Transmission Permits) Fees Act 1988 (referred to as the "Act") governs the fees payable in relation to permits granted under the Broadcasting Act 1942. The main operative sections (sections 4 and 5) require that fees are paid by the holders of retransmission permits and temporary transmission permits. Specifically, section 4 mandates that these fees are payable to the Commonwealth as a tax in respect of the permit. Section 5 outlines the specifics of these fees, stipulating that a fee is payable on the grant of a retransmission permit, the renewal of a retransmission permit, and the grant of a temporary transmission permit, with the fee amount determined by regulations. The Act imposes certain obligations and requirements on the holders of retransmission permits and temporary transmission permits. These permit holders must ensure that the fees prescribed by section 5 are paid to the Commonwealth as stipulated in section 4. The fee amounts for the grant and renewal of these permits are determined by regulations made under section 6 of the Act. The Governor-General has the authority to make these regulations, which must not be inconsistent with the Act and must cover all matters required or permitted by the Act or necessary or convenient to carry it out. The Act does not explicitly detail specific offences, penalties, or consequences for non-compliance within its text. However, it is reasonable to infer that failure to pay the required fees could lead to legal consequences. Given the nature of the Act and its incorporation with the Broadcasting Act 1942, non-compliance might result in penalties under the broader broadcasting regulatory framework. The precise nature and extent of these penalties would likely be detailed in regulations or other relevant legislation.