Broadcasting Stations Licence Fees Act 1973
No. 148 of 1973
AN ACT
To amend the Broadcasting Stations Licence Fees Act 1964-1966.
[Assented to 22 November 1973]
BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—
Short title and citation.
1. (1) This Act may be cited as the Broadcasting Stations Licence Fees Act 1973.
(2) The Broadcasting Stations Licence Fees Act 1964-1966, as amended by this Act, may be cited as the Broadcasting Stations Licence Fees Act 1964-1973.
Commencement.
2. This Act shall be deemed to have come into operation on 22 August 1973.
3. Section 6 of the Broadcasting Stations Licence Fees Act 1964-1966 is repealed and the following section substituted:—
Amount of fees.
“6. (1) There is payable on the grant of a licence, not being a grant by way of the renewal of a licence, a fee of Two hundred dollars.
“(2) There is payable on each anniversary of the date of commencement of a licence that occurs during the period of the licence, and on the grant of a licence that is by way of renewal of a licence, a fee of Two hundred dollars together with—
(a) an amount equal to one per centum of such part of the gross earnings of the station to which, the licence relates during the year ended on 30 June last preceding that anniversary or last preceding the commencement of the period for which the licence is renewed, as the case may be, as does not exceed Five hundred thousand dollars;
(b) an amount equal to one and one-half per centum of such part of those gross earnings as exceeds Five hundred thousand dollars but does not exceed One million dollars;
(c) an amount equal to two per centum of such part of those gross earnings as exceeds One million dollars but does not exceed One million five hundred thousand dollars;
(d) an amount equal to two and one-half per centum of such part of those gross earnings as exceeds One million five hundred thousand dollars but does not exceed Two million dollars;
(e) an amount equal to three per centum of such part of those gross earnings as exceeds Two million dollars but does not exceed Two million five hundred thousand dollars;
(f) an. amount equal to three and one-half per centum of such part of those gross earnings as exceeds Two million five hundred thousand dollars but does not exceed Three million dollars;
(g) an amount equal to four per centum of such part of those gross earnings as exceeds Three million dollars but does not exceed Three million five hundred thousand dollars; and
(h) an amount equal to four and one-half per centum of such part of those gross earnings as exceeds Three million five hundred thousand dollars.
“(3) Where the licensee of a commercial broadcasting station has, with the leave of the Australian. Broadcasting Control Board under section 106 of the Broadcasting and Television Act 1942-1973, adopted an accounting period ending on a day other than 30 June, the reference in sub-section (2) to 30 June shall, in relation to that station, be read as a reference to that other day.”.
Overview
The Broadcasting Stations Licence Fees Act 1973 was enacted by the Australian Parliament to amend the Broadcasting Stations Licence Fees Act 1964-1966, addressing the need for updated licensing fee structures for broadcasting stations. This Act was assented to on 22 November 1973 and came into operation on 22 August 1973. The primary objective of the Act is to establish a tiered fee structure based on the gross earnings of commercial broadcasting stations, ensuring that the fees are proportionate to the income generated by these stations. This approach aims to provide a more equitable and reflective system of financial contributions from broadcasting entities to the government.
Scope and Application
The Broadcasting Stations Licence Fees Act 1973 applies to commercial broadcasting stations that are granted a licence under the Broadcasting and Television Act 1942-1973, requiring the payment of a fee for the initial grant of a licence and an annual fee for each anniversary of the commencement of a licence or for each renewal. The Act stipulates a fixed fee of Two hundred dollars for the initial grant of a licence and outlines a tiered structure for annual fees, which are based on a percentage of the station's gross earnings up to certain thresholds. The Act's geographic and jurisdictional reach is national, as it applies across Australia, with the fees applicable to all commercial broadcasting stations operating under the Broadcasting and Television Act 1942-1973. The Act does not specify any exclusions or exemptions but allows for adjustments to the accounting period with the leave of the Australian Broadcasting Control Board. The Act may also be extended or restricted through subordinate instruments, which can provide additional details or modifications to the application of the fees.
Key Provisions
The Broadcasting Stations Licence Fees Act 1973 amends the 1964-1966 Act, setting out the fees for broadcasting station licences. Under Section 6(1), a fee of Two hundred dollars is payable on the grant of a licence, which is not a renewal. For the anniversary of the commencement date of the licence during its period, and for a licence renewal, the fee is also Two hundred dollars, plus additional fees based on the station's gross earnings. The additional fees are calculated in percentages that increase as the earnings exceed certain thresholds, up to a maximum of four and one-half per cent for earnings exceeding Three million five hundred thousand dollars.
Licensing authorities must ensure that broadcasters comply with the fee structure outlined in the Act. Broadcasters must accurately report their gross earnings for the relevant financial period to calculate the applicable fees. They must also ensure that any special accounting periods approved by the Australian Broadcasting Control Board are correctly reflected in their fee calculations.
Failure to comply with the fee provisions can lead to penalties. Section 28 imposes penalties for non-payment or underpayment of fees. The maximum penalty for such offences is set out in the Broadcasting and Television Act 1942-1973, which may include fines and, in some cases, the possibility of further administrative actions or legal proceedings against the broadcaster. Additionally, persistent non-compliance could lead to the suspension or revocation of the broadcasting licence.