Datacasting Charge (Imposition) Act 1998

Datacasting Charge (Imposition) Act 1998

No. 98, 1998

Compilation No. 7

Compilation date:    19 March 2015

Includes amendments up to: Act No. 22, 2015

Registered:    2 April 2015

About this compilation

This compilation

This is a compilation of the Datacasting Charge (Imposition) Act 1998 that shows the text of the law as amended and in force on 19 March 2015 (the compilation date).

This compilation was prepared on 27 March 2015.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Short title

2 Commencement

3 Interpretation

4 Digital mode

5 External Territories

6 Imposition of charge

7 Amount of charge

8 By whom charge is payable

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

An Act to impose a charge in relation to the provision of datacasting services by the ABC, the SBS and commercial television licensees

1  Short title

  This Act may be cited as the Datacasting Charge (Imposition) Act 1998.

2  Commencement

  This Act commences on the day on which it receives the Royal Assent.

3  Interpretation

  In this Act:

ACMA means the Australian Communications and Media Authority.

BSA datacasting licence means a datacasting licence under Schedule 6 to the Broadcasting Services Act 1992.

charge means charge imposed by this Act.

commercial television broadcasting licence has the same meaning as in the Broadcasting Services Act 1992.

datacasting service has the same meaning as in the Broadcasting Services Act 1992.

designated teletext service has the same meaning as in Schedule 6 to the Broadcasting Services Act 1992.

transmitter licence has the same meaning as in the Radiocommunications Act 1992.

4  Digital mode

  For the purposes of this Act, a datacasting service is transmitted in digital mode if the service is transmitted using a digital modulation technique.

5  External Territories

  This Act extends to all the external Territories.

6  Imposition of charge

  If:

 (a) a transmitter licence, other than one that is a channel B datacasting transmitter licence for the purposes of the Radiocommunications Act 1992, authorises the holder to transmit datacasting services in digital mode; and

 (b) the transmitter licence is held by the holder of a commercial television broadcasting licence; and

 (c) the transmitter licence is in force throughout the whole or a part of a particular financial year; and

 (d) at any time during the whole or the part, as the case may be, of the financial year, the transmitter or transmitters concerned were used by the holder of the transmitter licence, or by a person authorised by the holder of the transmitter licence, to transmit datacasting services in digital mode; and

 (da) at least one of those datacasting services:

 (i) was provided under the authority of a BSA datacasting licence; and

 (ii) was not a designated teletext service; and

 (e) a determination under section 7 is in force at the beginning of the financial year;

charge is imposed on the transmitter licence in respect of the financial year.

7  Amount of charge

 (1) The amount of charge imposed on a transmitter licence in respect of a financial year is the amount ascertained in accordance with a written determination made by the ACMA.

Note: Under section 14 of the Australian Communications and Media Authority Act 2005, the Minister may give the ACMA directions in relation to the performance of its functions and the exercise of its powers.

 (2) A determination under subsection (1) is a legislative instrument.

8  By whom charge is payable

  Charge imposed on a transmitter licence is payable by the holder of the licence.

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the amendment is set out in the endnotes.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history