Commercial Broadcasting Stations Licence Fees Act 1942

Overview

The Commercial Broadcasting Stations Licence Fees Act 1942 was enacted to establish a framework for setting licence fees for commercial broadcasting stations in Australia. This Act was assented to on 12th June 1942 and was enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. It was introduced to address the need for a structured approach to collecting fees for commercial broadcasting licences under the Australian Broadcasting Act 1942. The primary objective of the Act is to ensure that licence fees are calculated and collected in a manner that reflects the operational outcomes of the broadcasting stations, particularly their profitability. The Act incorporates the Australian Broadcasting Act 1942, treating both as a single entity for legislative purposes. It sets out the fee structure for commercial broadcasting licences, with specific provisions for varying fees based on whether the station operations resulted in a profit the previous year. The Act also provides flexibility for licensees who have adopted accounting periods other than the standard twelve-month period ending on 30th June, ensuring that fee calculations are aligned with the individual station's financial year.

Scope and Application

The Commercial Broadcasting Stations Licence Fees Act 1942 provides for the fees payable for licences granted or renewed for commercial broadcasting stations under the Australian Broadcasting Act 1942. This Act applies to commercial broadcasting stations, specifically those entities operating under a licence granted or renewed under the Australian Broadcasting Act 1942. The fee structure varies based on whether the operations of the station resulted in a profit during the preceding year, with the fees being either a fixed amount of Twenty-five pounds per year or this fixed amount plus an additional fee calculated at one-half of one percent of the gross earnings from the station's operations. The Act also incorporates the Australian Broadcasting Act 1942, ensuring both acts are read as a single entity. Additionally, the Act includes provisions for adjusting the reference date for accounting periods, allowing flexibility for broadcasters with differing fiscal years. The Act has a national jurisdictional reach as it pertains to the Commonwealth of Australia and applies to all commercial broadcasting entities operating within its territory. There are no stated exclusions or exemptions within the text, and it does not extend or restrict its application through subordinate instruments. The Act is a specific piece of legislation aimed at regulating the financial obligations of commercial broadcasters to the Commonwealth.

Key Provisions

The Commercial Broadcasting Stations Licence Fees Act 1942 (section 1) sets out the legislative framework for the fees payable for commercial broadcasting station licences. This Act is intended to supplement the Australian Broadcasting Act 1942, which it incorporates and reads as one with it (section 3). The fee structure outlined in section 4 outlines the costs associated with both initial and renewed licences. For the first year of a licence, or a renewal period where the previous year's operations did not result in a profit, the fee is set at twenty-five pounds for each year or part of a year. However, for renewal periods where the previous year's operations did yield a profit, the fee increases to twenty-five pounds plus half of one percent of the gross earnings from the previous year’s operations. Entities or individuals operating commercial broadcasting stations must adhere to the fee structure stipulated in section 4(1). This includes timely payment of the specified fees, whether for the initial grant or subsequent renewals of the licence. Additionally, if a licensee has adopted an alternative accounting period with the leave of the Minister, as mentioned in section 4(2), the reference to the thirtieth day of June in the fee calculation must be adjusted to reflect the new accounting period. Failure to comply with the fee requirements outlined in the Act may result in civil or administrative consequences. Although the Act does not explicitly enumerate specific penalties or consequences for non-compliance, such breaches typically invite scrutiny from the relevant authorities and may lead to enforcement actions. This could potentially include fines, legal action, or other measures aimed at ensuring adherence to the prescribed fee structure. The precise nature and extent of these consequences would typically be determined in accordance with the broader administrative and legal frameworks governing broadcasting in Australia.