Datacasting Charge (Late Payment Penalty) Determination 2001

Administered by Department of Communications and the Arts

Legislation au F2006B00437 Not in force Legislative Instrument

Legislation content

Datacasting Charge (Late Payment Penalty) Determination 2001

 

The AUSTRALIAN BROADCASTING AUTHORITY makes this Determination under subclause 51(3) of Schedule 4 to the Broadcasting Services Act 1992.

 

Date 20 December 2001

 

 

 

 

 

          D Flint [Signed]

          Chairman

 

 

 

 

 

 

 

Australian Broadcasting Authority

 

 

1 Name of Determination

  

  This Determination is the Datacasting Charge (Late Payment Penalty) Determination 2001.

 

2 Commencement

 

  This Determination commences on gazettal.

 

3 Interpretation

 

  In this Determination:

 

charge means a charge imposed by section 6 of the Datacasting Charge (Imposition) Act 1998.

 

charge component of judgment debt means the amount determined by the court to be the amount of charge unpaid.

 

due date in relation to a charge means the date each year on which a charge becomes payable under the Datacasting Charge (Due and Payable) Determination 2001.

 

interest on judgment debt means the dollar amount representing the amount of interest payable on the judgment debt at the time the debt is paid.

 

late payment penalty has the same meaning as in clause 51 of Schedule 4 to the Broadcasting Services Act 1992.

 

  licensee means the holder of a transmitter licence.

 

transmitter licence means a transmitter licence issued under the Radiocommunications Act 1992 and in respect of which a charge is imposed under section 6 of the

Datacasting Charge (Imposition) Act 1998.

 

4                     Late payment penalty

(1)   If an amount of charge remains unpaid after the due date, a late payment penalty is due and payable by the licensee at the rate of 20% per annum on the unpaid amount,   worked out from the due date, unless subclause (2) or (3) applies in relation to the amount unpaid.

(2)   If:

(a)          an amount of charge is specified in a notice under regulation 5(2)(f) of the Broadcasting Services (Datacasting Charge) Regulations 2001 as an amount unpaid; and

(b)          the notice does not contain a statement that the ABA is satisfied that the licensee deliberately miscalculated the amount of the charge; and

(c)          the amount unpaid is not paid within 21 days after the day the notice was issued;

then:

(d)          this subclause applies in relation to the amount unpaid; and

(e)          late payment penalty is due and payable by the licensee, at the rate of 20% per annum on the amount unpaid, worked out from the day the notice was issued.

(3)          If:

(a)          an amount of charge is specified in a notice under regulation 5(2)(f) of the Broadcasting Services (Datacasting Charge) Regulations 2001 as an amount unpaid; and

(b)          the notice does not contain a statement that the ABA is satisfied that the licensee deliberately miscalculated the amount of the charge; and

(c)          the amount unpaid is paid within 21 days after the day the notice was issued;

then:

(d)          this subclause applies in relation to the amount unpaid; and

(e)          no late payment penalty is due and payable by the licensee.

 

 

 

 

5  Remission of penalty

(1)   If a late payment penalty is due and payable by the licensee under subclause 4(1) or  4(2) in relation to an amount of charge, or such a late payment penalty has been paid, and the ABA:

(a)          is satisfied that:

(i)           the circumstances that contributed to the delay in payment of the amount were not caused directly or indirectly by an act of omission of the licensee; and

(ii)         the licensee has taken reasonable action to mitigate, or mitigate the effects of, those circumstances; or

(b)          is satisfied that:

(i)            the circumstances that contributed to the delay in payment of the amount were caused directly or indirectly by an act of omission of the licensee; and

(ii)         the licensee has taken reasonable action to mitigate, or mitigate the effects of, those circumstances; and

(iii)       having regard to the nature of those circumstances, it would be reasonable to remit the late payment penalty or part of that penalty; or

(c)          is satisfied that there are special circumstances that make it reasonable to remit the
late payment penalty or part of that penalty;

the ABA may remit the late payment penalty or part of that penalty

(2)          If:

(a)          the ABA remits the late payment penalty or part of that penalty; and

(b)          the licensee has paid an amount of that penalty;

the ABA must, within 21 days after remitting that penalty or part of that penalty,  arrange for so much of the amount as is remitted to be refunded to the licensee.

(3)          Despite subclauses 4(1) and 4(2), an amount of unpaid charge may be recovered immediately after the due date in a court of competent jurisdiction as a debt due to the Commonwealth.

(4)          If:

(a)          judgment is entered or given in a court for the payment of an amount of unpaid charge; and

(b)          interest is payable on the judgment debt; and

(c)          a late payment penalty is payable in respect of the unpaid charge under subclause
4(1) or 4(2);

 

 

 

 

the amount of the late payment penalty that would, but for the operation of this subclause, be so payable is reduced by the amount of the interest payable on that judgment debt.

(5)          If:

(a)         judgment is entered or given in a court for the payment of an amount that includes an amount of unpaid charge; and

(b)          interest is payable on the judgment debt; and

(c)          a late payment penalty is payable in respect of the unpaid charge under subclause 4(1) or 4(2);

the amount of the late payment penalty that would, but for the operation of this clause, be so payable is reduced by an amount calculated using the formula:

 

 

Interest on judgment debt     ×

 

 

Overview

The Datacasting Charge (Late Payment Penalty) Determination 2001 was enacted by the Australian Broadcasting Authority (ABA) under subclause 51(3) of Schedule 4 to the Broadcasting Services Act 1992. This legislative instrument was introduced to address the issue of late payments of datacasting charges by ensuring that penalties are imposed for non-compliance. The ABA, acting within its authority, sets out the conditions under which a late payment penalty of 20% per annum applies to unpaid datacasting charges, and it also provides a mechanism for the remission of penalties under certain circumstances. The policy objective of this Determination is to encourage timely payment of charges while providing a fair process for the remission of penalties if the delay in payment was not due to the licensee's fault. The Determination clarifies the circumstances under which penalties may be imposed, the conditions for remission, and the procedure for refunding remitted penalties. It also outlines the process for recovering unpaid charges through the courts and the adjustment of penalties where interest is payable on judgment debts. This legislative instrument aims to balance the need for compliance with the flexibility to consider individual circumstances in penalty assessments.

Scope and Application

The Datacasting Charge (Late Payment Penalty) Determination 2001 applies to holders of transmitter licences issued under the Radiocommunications Act 1992, who are subject to charges imposed by the Datacasting Charge (Imposition) Act 1998. Specifically, it imposes a late payment penalty on any unpaid charges under these acts, with the penalty calculated at 20% per annum on the unpaid amount from the due date, unless certain conditions specified in the Determination are met. The Determination is made under the authority of the Broadcasting Services Act 1992 and applies nationally across Australia, encompassing both Commonwealth and state jurisdictions where the relevant transmitter licences are issued. The scope of the Determination is extended by the Broadcasting Services (Datacasting Charge) Regulations 2001, which provide further details on the calculation and notification of charges and penalties. There are specific provisions for the remission of penalties by the Australian Broadcasting Authority under certain circumstances, including reasonable mitigation efforts or special circumstances.

Key Provisions

The main operative sections of the Datacasting Charge (Late Payment Penalty) Determination 2001 outline the imposition of late payment penalties on licensees who fail to pay charges by the due date. Specifically, section 4 states that if an amount of charge remains unpaid after the due date, a late payment penalty of 20% per annum on the unpaid amount is due, calculated from the due date. This penalty applies unless the conditions in sections 4(2) or 4(3) are met. In cases where a late payment penalty is due, section 5 allows for the remission of that penalty under certain circumstances, such as when the delay in payment was not due to the licensee's actions, or when special circumstances warrant remission. The obligations imposed by this Determination on licensees include the timely payment of datacasting charges by the due date specified in the Datacasting Charge (Due and Payable) Determination 2001. Licensees must also respond appropriately to notices regarding unpaid charges and take reasonable steps to mitigate any delays in payment. Additionally, if the Australian Broadcasting Authority (ABA) remits a late payment penalty, the ABA is required to refund any overpaid amounts to the licensee within 21 days. The Determination also outlines the consequences for non-compliance. If a licensee fails to pay the required charges by the due date, they are liable for a late payment penalty of 20% per annum on the unpaid amount. The penalty is calculated from the due date unless the specific conditions in section 4(2) or 4(3) are met. Additionally, if a court enters or gives judgment for the payment of an unpaid charge, and if interest is payable on the judgment debt, the amount of the late payment penalty is reduced by the amount of the interest on the judgment debt. These penalties serve as a deterrent for non-compliance and ensure that the Commonwealth can recover unpaid charges promptly.

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Area of Law
Commercial Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Late Payment Penalty Provisions
Penalty Remission
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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.