Broadcasting Stations Licence Fees Amendment Act 1985

Administered by Department of Communications and the Arts

Legislation au C2004A03107 Not in force Act

Legislation content

Broadcasting Stations Licence Fees Amendment Act 1985

No. 68 of 1985

 

An Act to amend the Broadcasting Stations Licence Fees Act 1964

[Assented to 5 June 1985]

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 1985.

(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 1 January 1986.

Title

3. The title of the Principal Act is repealed and the following title is substituted:

“An Act to provide for the payment of fees in respect of certain radio licences”.


Short title

4. Section 1 of the Principal Act is amended by omitting “Broadcasting Stations” and substituting “Radio”.

Incorporation of Broadcasting Act

5. Section 3 of the Principal Act is amended by omitting “and Television”.

Interpretation

6. Section 4 of the Principal Act is amended by omitting from sub-section (1) the definitions of “gross earnings” and “licence” and substituting the following definitions:

“‘gross earnings’, in respect of a licence in respect of a period, means—

(a) in a case to which paragraph (b) does not apply—the gross earnings of the licensee during that period in respect of the broadcasting pursuant to the licence of advertisements or other matter, including the gross earnings of the licensee during that period in respect of the provision by the licensee of, or otherwise in respect of, matter broadcast pursuant to the licence; or

(b) in the case of a licence to which sub-section 81 (6) of the Broadcasting Act 1942 applies—the aggregate amount of the gross earnings during that period in respect of the broadcasting pursuant to the licence 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 pursuant to the licence;

‘licence’ means a commercial radio licence, a remote radio licence or a supplementary radio licence.”.

Licence fees

7. Section 5 of the Principal Act is amended by omitting “by the licensee of a commercial broadcasting station,” and substituting “by a licensee, by way of tax”.

Amount of fees

8. Section 6 of the Principal Act is amended—

(a) by omitting from sub-section (2) “of the station to which the licence relates” and substituting “in respect of the licence”;

(b) by omitting from sub-section (2a) “of a commercial broadcasting station” and substituting “in respect of a licence”;

(c) by omitting sub-section (3) and substituting the following sub-section:

“(3) Where a licensee has, in accordance with sub-section 123 (2) of the Broadcasting Act 1942, adopted an accounting period ending on a day other than 30 June, the reference in sub-section (2) of this section to 30 June shall, in relation to the licence, be read as a reference to that other day.”; and


(d) by omitting from sub-section (4) “of a commercial broadcasting station” and substituting “in respect of a licence”.

Earnings of subsidiary companies, &c.

9. Section 7 of the Principal Act is amended—

(a) by omitting from paragraph (a) “the licensee of a commercial broadcasting station” and substituting “a licensee”;

(b) by omitting from paragraph (a) “of the station” and substituting “in respect of the licence”; and

(c) by omitting from paragraph (b) “of the station” and substituting “in respect of the licence”.

Repeal of section 8

10. Section 8 of the Principal Act is repealed.

Transitional

11. (1) Notwithstanding the amendments made by this Act, the previous Fees Act continues to apply in relation to old system licences.

(2) In this section—

“old system licence” means—

(a) a licence for a commercial broadcasting station within the meaning of the previous Broadcasting Act; or

(b) a supplementary broadcasting licence within the meaning of the previous Broadcasting Act;

“previous Fees Act” means the Principal Act as in force immediately before the commencement of this Act;

“previous Broadcasting Act” means the Broadcasting Act 1942 as in force immediately before the commencement of this Act.

 

NOTE

1. No. 119, 1964, as amended. For previous amendments, see No. 93, 1966; No. 148, 1973; No. 188, 1976; No. 94, 1977; No. 50, 1978; Nos. 114 and 168, 1981; No. 155, 1982; and No. 58, 1983.

 

[Minister’s second reading speech made in—

House of Representatives on 15 May 1985

Senate on 28 May 1985]

Overview

The Broadcasting Stations Licence Fees Amendment Act 1985, enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia, serves to amend the Broadcasting Stations Licence Fees Act 1964. This Act was introduced to address discrepancies and ensure the smooth administration of licence fees for radio broadcasting stations. The primary legislative objective is to refine the definitions and scope of fees applicable to radio licences, thereby ensuring that the regulatory framework aligns with the evolving landscape of broadcasting. The Act aims to streamline the interpretation and application of licence fees to better suit the needs of both broadcasters and regulatory authorities, providing a more precise and effective means of fee collection and regulation.

Scope and Application

The Broadcasting Stations Licence Fees Amendment Act 1985 amends the Broadcasting Stations Licence Fees Act 1964 by focusing on the imposition and collection of fees associated with commercial radio licences, specifically commercial radio, remote radio, and supplementary radio licences. The Act applies to entities holding these specific types of radio licences, which are primarily broadcasters of radio content, and encompasses the collection of fees by way of tax. Its jurisdictional reach is Commonwealth, applying across Australia as it is a federal act. The Act excludes licences under the old system, as defined in the repealed Broadcasting Act 1942, which continue to be governed by the previous Fees Act. The amendments made by this Act are effective from 1 January 1986, with specific transitional provisions ensuring that old system licences remain subject to the previous legislation. This Act extends its application through amendments to the Principal Act, ensuring that the specified changes to the definitions and fee calculation methods are incorporated into the existing legislative framework.

Key Provisions

The Broadcasting Stations Licence Fees Amendment Act 1985 (Act) modifies the Broadcasting Stations Licence Fees Act 1964 (Principal Act) by focusing on the payment of fees for certain radio licences. The Act updates the title of the Principal Act to reflect its purpose more accurately, which is to provide for the payment of fees in respect of certain radio licences (s. 3). The Act also revises the definition of "licence" to include commercial radio licences, remote radio licences, and supplementary radio licences (s. 6). Importantly, the Act shifts the method of fee payment from being a fee imposed by the licensee of a commercial broadcasting station to being a tax payable by a licensee (s. 5). Furthermore, the Act adjusts the method for calculating fees to be based on the earnings in respect of the licence rather than the station (s. 6). It also modifies the definition of "gross earnings" to more precisely reflect the earnings of the licensee or co-owners of the licence (s. 6). Under the amended Act, the primary obligation for licensees is to pay fees based on their gross earnings from broadcasting advertisements or other matter, or the aggregate earnings of co-owners if applicable (s. 6). The Act mandates that these fees are payable by way of tax, rather than as a separate fee, and requires adherence to the new definitions and calculation methods (ss. 5, 6). Moreover, if a licensee adopts an accounting period different from the standard 30 June, the fee calculation must reflect this alternative end date (s. 6(3)). Breach of the provisions under the Act may result in various consequences. While specific offences and penalties are not detailed within the Act itself, it is reasonable to infer that failure to comply with the fee payment obligations could lead to legal actions for non-payment of taxes, which typically attract penalties under other Australian tax legislation. The potential penalties could include fines or other civil and criminal sanctions as prescribed by relevant tax laws. Given that the Act aligns with broader tax regulations, the penalties for non-compliance would be in line with those stipulated in the general tax framework.

Legal classification tags

Area of Law
Commercial Law
Taxation Law
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Repeal & Amendment
Transitional Provisions
Reporting & Disclosure Obligations

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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.