Broadcasting Stations Licence Fees Amendment Act 1981
No. 114 of 1981
An Act to amend the Broadcasting Stations Licence Fees Act 1964 to extend it to certain licences
[Assented to 24 June 1981]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Broadcasting Stations Licence Fees Amendment Act 1981.
(2) The Broadcasting Stations Licence Fees Act 19641 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on the day on which section 12 of the Broadcasting and Television Amendment Act 1981 comes into operation.
Incorporation of Broadcasting and Television Act
3. Section 3 of the Principal Act is amended by omitting “1942-1964” and substituting “1942”.
Licence fees
4. Section 5 of the Principal Act is amended by omitting “the next succeeding section” and substituting “section 6”.
Amount of fees
5. Section 6 of the Principal Act is amended by omitting from sub-section (3) “1942-1973” and substituting “1942 (including that sub-section as applying by virtue of section 105p of that Act)”.
6. The Principal Act is amended by inserting after section 7 the following section:
Application of Act to supplementary broadcasting stations, supplementary licences and supplementary licensees
“8. (1) This Act applies to and in relation to a supplementary broadcasting station, a supplementary licence and the holder of such a licence in like manner as it applies to and in relation to a commercial broadcasting station, a licence in respect of a commercial broadcasting station and the holder of such a licence, and, for the purposes of that application—
(a) a reference to a commercial broadcasting station shall be read as a reference to a supplementary broadcasting station;
(b) a reference to a licence in respect of a commercial broadcasting station shall be read as a reference to a supplementary licence; and
(c) a reference to the licensee of a commercial broadcasting station shall be read as a reference to the licensee of a supplementary broadcasting station.
“(2) Notwithstanding the definition of ‘gross earnings’ in sub-section 4 (1), in relation to a supplementary licence to which sub-section 81 (6) of the Broadcasting and Television Act 1942 applies, references in sections 6 and 7 to gross earnings, in relation to the station to which the licence relates, in respect of a period, are references to the aggregate amount of the gross earnings in respect of the broadcasting from the station of advertisements or other matter of all the persons who, at any time during that period, are co-owners of the licence, including the gross earnings of those persons during that period in respect of the provision by any or all of those persons of, or otherwise in respect of, matter broadcast from the station.”.
Title
7. The title to the Principal Act is amended by omitting “Commercial” and substituting “certain”.
NOTE
1. No. 119, 1964, as amended. For previous amendments, see No. 93, 1966; No. 148, 1973; No. 188, 1976; No. 94, 1977; and No. 50, 1978.
Overview
The Broadcasting Stations Licence Fees Amendment Act 1981 was enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia to amend the Broadcasting Stations Licence Fees Act 1964. The 1981 Act seeks to address the need to update and extend the scope of the original 1964 Act, ensuring it continues to effectively regulate broadcasting licence fees. This includes extending the Act's applicability to supplementary broadcasting stations, supplementary licences, and supplementary licensees, thereby aligning the regulatory framework with evolving broadcasting practices and technologies. The policy objective is to maintain a coherent and up-to-date legislative approach to the governance of broadcasting licences and fees.
Scope and Application
The Broadcasting Stations Licence Fees Amendment Act 1981 amends the Broadcasting Stations Licence Fees Act 1964, extending its scope to include supplementary broadcasting stations, supplementary licences, and their respective licensees. This Act applies in the same manner to these supplementary entities as it does to commercial broadcasting stations, their licences, and licensees, effectively broadening the original jurisdiction of the Principal Act. The geographic reach of this amendment is nationwide, as it pertains to the Commonwealth of Australia. It incorporates amendments made by the Broadcasting and Television Act, with specific adjustments to the date references and the application of certain sections. Notably, the Act includes provisions for the calculation of gross earnings for supplementary licences, adapting the definition to include earnings from co-owners of the licence. This amendment ensures consistency in the application of licence fees and the associated regulations across different types of broadcasting entities.
Key Provisions
The Broadcasting Stations Licence Fees Amendment Act 1981 (C2004A02491) amends the Broadcasting Stations Licence Fees Act 1964 (referred to as the Principal Act) to extend its application to certain supplementary broadcasting licences. Section 1 of the Act provides the short title and references the Principal Act, while section 2 stipulates that the Act comes into operation on the same day as section 12 of the Broadcasting and Television Amendment Act 1981. Section 3 modifies the Principal Act by amending section 3 to adjust the time period it covers, while section 4 makes a corresponding change in section 5. Section 5 further amends section 6, changing the time period it applies to and includes references to section 105p of the Broadcasting and Television Act 1942. The most significant amendment is introduced in section 6, which adds a new section 8 to the Principal Act, applying its provisions to supplementary broadcasting stations and their respective licences and licensees. This new section clarifies that references to commercial broadcasting stations, licences, and licensees in the Principal Act also apply to supplementary stations and their equivalents. Additionally, section 6 modifies the definition of 'gross earnings' for supplementary licences to include the aggregate earnings of all co-owners of the licence, including those from broadcasting advertisements or other matter.
The Act imposes specific obligations and requirements on the parties it governs. Firstly, the amendments in sections 3 and 4 necessitate that the Principal Act now applies to broadcasting licences from 1942 onwards, extending its temporal scope. The insertion of section 8 in section 6 imposes a requirement on supplementary broadcasting stations, their licences, and licensees to comply with the same provisions as commercial stations under the Principal Act. This includes adhering to the licence fee structures and any other regulatory requirements outlined in the Act. Additionally, the modified definition of 'gross earnings' for supplementary licences in section 6 ensures that all co-owners' earnings from broadcasting advertisements or other matter are considered in calculating licence fees.
The Act does not explicitly outline specific offences, penalties, or consequences for breach in its provisions. However, given that it amends the Principal Act, it is reasonable to infer that any breaches of the extended provisions could result in the same penalties as those prescribed under the Principal Act. These could include fines or other sanctions for non-compliance with licence fee requirements or other regulatory obligations. The precise penalties would be determined by the regulations or enforcement mechanisms established under the Principal Act, which the Amendment Act now extends to supplementary broadcasting stations and their licences.