Datacasting Charge (Due and Payable) Determination 2001

Overview

The Datacasting Charge (Due and Payable) Determination 2001, made by the Australian Broadcasting Authority under subclause 51(2) of Schedule 4 to the Broadcasting Services Act 1992, establishes the timeline for when charges due under the Datacasting Charge (Imposition) Act 1998 are payable. Enacted to address the need for clear guidelines on the payment schedule for datacasting charges, this determination ensures that licensees understand and comply with the payment requirements. By specifying that charges are due and payable on each 31 December following the charge calculation period, the determination aims to maintain an orderly and consistent process for the collection of these charges, thereby facilitating the smooth operation of the datacasting services under the relevant legislation.

Scope and Application

The Datacasting Charge (Due and Payable) Determination 2001 applies to holders of transmitter licences, who are referred to as licensees within the legislation. These licensees are entities that have been issued a transmitter licence under the Radiocommunications Act 1992, and upon which a charge is imposed under section 6 of the Datacasting Charge (Imposition) Act 1998. This Determination outlines the obligations of the licensees in relation to the payment of the datacasting charge, which is due on each 31 December after the charge calculation period. The geographic reach of this legislation is inherently linked to the national jurisdiction in Australia, as it pertains to the payment obligations of entities holding transmitter licences issued under federal law. There are no specific exclusions or exemptions noted within this Determination, and it extends its application through the specified subordinate instruments, such as the Broadcasting Services (Datacasting Charge) Regulations 2001, which define the charge calculation period.

Key Provisions

The Datacasting Charge (Due and Payable) Determination 2001 (sections 1-4) outlines the conditions under which a datacasting charge is due and payable by licensees. According to section 4, a licensee is required to pay the charge on each 31 December following the end of the charge calculation period. This calculation period is defined in the Broadcasting Services (Datacasting Charge) Regulations 2001. The charge itself is imposed by section 6 of the Datacasting Charge (Imposition) Act 1998. The term "licensee" refers to the holder of a transmitter licence, which is issued under the Radiocommunications Act 1992 and subject to the charge. The Determination imposes several obligations on the licensees, primarily focused on ensuring timely payment of the datacasting charge. These obligations are clear and straightforward: the licensee must settle the charge by the specified date, each 31 December, ensuring that the payment aligns with the end of the charge calculation period. Failure to meet these obligations can result in consequences as outlined in the legislation. Breach of the obligations set out in the Determination may result in various consequences. The legislation does not explicitly detail offences, penalties, or civil/criminal consequences within the provided text; however, it is reasonable to infer that failure to comply with the charge payment requirements could lead to enforcement actions under the Datacasting Charge (Imposition) Act 1998 and potentially other related laws. Such actions may include fines, legal proceedings, or further administrative measures to recover the unpaid charges. Given the nature of the Determination, the primary consequence for non-compliance would likely be financial, with the potential for additional enforcement actions if the matter is not resolved.