Datacasting Charge (Amount) Determination 2001
as amended
made under section 7 (1) of the
Datacasting Charge (Imposition) Act 1998
This compilation was prepared on 15 September 2008
taking into account amendments up to Datacasting Charge (Amount) Amendment Determination 2008 (No. 1)
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
1 Name of Determination [see Note 1]
2 Commencement [see Note 1]
3 Definitions
4 Amount of charge
Notes
1 Name of Determination [see Note 1]
This Determination is the Datacasting Charge (Amount) Determination 2001.
2 Commencement [see Note 1]
This Determination commences on gazettal.
3 Definitions
In this Determination:
Act means the Datacasting Charge (Imposition) Act 1998.
last charge calculation period, in relation to a licensee, means the last period of 12 months used by the licensee to calculate its gross earnings for section 6 of the Television Licence Fees Act 1964 that ended during the financial year for which charge is imposed.
Note The licensee uses that period of 12 months in its capacity as the holder of a commercial television broadcasting licence to which the Television Licence Fees Act 1964 applies: see subsections 6 (2) and (3) of that Act.
Licensee means the holder of a transmitter licence.
transmitter licence means a transmitter licence to which section 6 of the Act applies.
4 Amount of charge
(1) For subsection 7 (1) of the Act, the amount of charge imposed on a transmitter licence in respect of a financial year is:
where:
D is the licensee’s gross earnings, for the last charge calculation period, from datacasting services provided using a transmitter.
T is the licensee’s gross earnings, within the meaning of the Television Licence Fees Act 1964, for the last charge calculation period.
X is the relevant percentage of gross earnings, for subsection 6 (2A) of the Television Licence Fees Act 1964, for the last charge calculation period.
Y is worked out by:
(a) adding amounts D and T; and
(b) applying subsection 6 (2A) of the Television Licence Fees Act 1964 as if the sum of amounts D and T were gross earnings, for the purposes of that Act, for the last charge calculation period.
Note X and Y are percentages: see subsection 6 (2A) of the Television Licence Fees Act 1964.
(2) If amount D or T includes an amount of cents in addition to whole dollars, the cents are to be disregarded.
Notes to the Datacasting Charge (Amount) Determination 2001
Note 1
The Datacasting Charge (Amount) Determination 2001 (in force under section 7 (1) of the Datacasting Charge (Imposition) Act 1998) as shown in this compilation is amended as indicated in the Tables below.
Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.
Table of Instruments
Title | Date of notification
in Gazette or FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
Datacasting Charge (Amount) Determination 2001 | 27 June 2001 (see Gazette 2001, No. GN25) | 27 June 2001 | |
Datacasting Charge (Amount) Amendment Determination 2008 (No. 1) | 13 May 2008 (see F2008L01370) | 14 May 2008 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
S. 4................. | am. 2008 No. 1 |
Overview
The Datacasting Charge (Amount) Determination 2001 was made under section 7(1) of the Datacasting Charge (Imposition) Act 1998, which was enacted to address the need for a regulatory framework governing datacasting services in Australia. This legislative instrument aims to establish a specific charge for datacasting services provided using a transmitter, aligning with the broader policy objective of generating revenue to support the costs associated with regulating datacasting activities. The determination sets the amount of the charge imposed on a transmitter licence for a financial year based on the licensee's gross earnings from datacasting services. It also incorporates definitions and calculations that ensure clarity and consistency in applying the charge, as per the requirements of the Act. This Determination is overseen by the Parliament of Australia and was amended most recently by the Datacasting Charge (Amount) Amendment Determination 2008 (No. 1).
Scope and Application
The Datacasting Charge (Amount) Determination 2001, as amended, applies to holders of transmitter licences who provide datacasting services using a transmitter. This legislative instrument is made under section 7(1) of the Datacasting Charge (Imposition) Act 1998 and operates nationally across Australia. It specifically determines the amount of the charge imposed on a transmitter licence in respect of a financial year based on the licensee’s gross earnings from datacasting services and other relevant earnings for the last charge calculation period. The charge calculation takes into account the licensee's gross earnings from datacasting services and other earnings as defined by the Television Licence Fees Act 1964, applying specific percentages to these earnings. The Determination has been amended to reflect changes, such as those made by the Datacasting Charge (Amount) Amendment Determination 2008 (No. 1), and these amendments are noted in the compilation. Notably, the Determination disregards any cents in addition to whole dollars when calculating the charge. The instrument’s application is further refined through subordinate instruments, ensuring that its provisions are consistently applied across the relevant industry.
Key Provisions
The Datacasting Charge (Amount) Determination 2001, as amended, sets out the specific formula for calculating the charge imposed on a transmitter licence under the Datacasting Charge (Imposition) Act 1998 (section 4). The amount of the charge is determined based on the licensee's gross earnings from datacasting services provided using a transmitter (D) and the licensee's gross earnings from television broadcasting services (T), both measured over the last 12-month period used to calculate gross earnings for the purposes of the Television Licence Fees Act 1964 (section 4(1)). The calculation also involves applying a certain percentage (X) and a derived percentage (Y) based on the combined gross earnings (section 4(1)(b)). Any cents in the gross earnings figures are disregarded (section 4(2)).
The Act imposes several obligations on the parties it governs. The licensee, being the holder of a transmitter licence, must ensure accurate calculation of their gross earnings from both datacasting and television broadcasting services, as these figures are critical to determining the applicable charge. The licensee is also responsible for reporting these earnings accurately to the relevant authorities. Additionally, the licensee must comply with the calculation methodology as specified in the Determination, including correctly applying the percentages X and Y to the combined gross earnings (section 4).
Breach of the obligations imposed by this Determination can lead to various legal consequences. While the Determination itself does not explicitly outline specific offences or penalties, violations of the Datacasting Charge (Imposition) Act 1998 or the Television Licence Fees Act 1964 could result in penalties. For instance, under the Datacasting Charge (Imposition) Act 1998, penalties for non-compliance might include fines, with the specific amount depending on the nature and severity of the breach. Similarly, breaches under the Television Licence Fees Act 1964 could also incur financial penalties or other legal repercussions as stipulated in that Act. It is crucial for licensees to adhere to the requirements to avoid potential enforcement actions.