Radio Licence Fees Amendment Act 2005
No. 53, 2005
An Act to amend the Radio Licence Fees Act 1964, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Radio Licence Fees Act 1964
Schedule 2—Transitional provisions
Radio Licence Fees Amendment Act 2005
No. 53, 2005
An Act to amend the Radio Licence Fees Act 1964, and for related purposes
[Assented to 1 April 2005]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Radio Licence Fees Amendment Act 2005.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 1 April 2005 |
2. Schedules 1 and 2 | At the same time as section 6 of the Australian Communications and Media Authority Act 2005 commences. | 1 July 2005 |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Radio Licence Fees Act 1964
1 Subsection 4(1) (definition of ABA)
Repeal the definition.
2 Subsection 4(1)
Insert:
ACMA means the Australian Communications and Media Authority.
3 Section 7
Omit “ABA” (wherever occurring), substitute “ACMA”.
Schedule 2—Transitional provisions
1 Definitions
In this Schedule:
Imposition Act means the Radio Licence Fees Act 1964.
transition time means the commencement of this Schedule.
2 Continued effect of directions about gross earnings
A direction made by the ABA under section 7 of the Imposition Act that was in force immediately before the transition time has effect on and after the transition time as if it had been made by the ACMA under that section as amended by Schedule 1 to this Act.
[Minister’s second reading speech made in—
House of Representatives on 2 December 2004
Senate on 7 March 2005]
Overview
The Radio Licence Fees Amendment Act 2005 was enacted by the Parliament of Australia to amend the Radio Licence Fees Act 1964. This legislation was introduced to address the need to update the regulatory framework governing radio licence fees to align with the establishment of the Australian Communications and Media Authority (ACMA). The Act came into effect on 1 April 2005 upon receiving Royal Assent, with specific provisions and schedules commencing on 1 July 2005, concurrent with the commencement of section 6 of the Australian Communications and Media Authority Act 2005. The policy objective was to transition the regulatory responsibilities from the Australian Broadcasting Authority (ABA) to the ACMA, ensuring a streamlined and effective governance structure for radio licence fees.
Scope and Application
The Radio Licence Fees Amendment Act 2005 amends the Radio Licence Fees Act 1964 to update the regulatory framework governing radio licence fees. The Act applies to entities and individuals involved in radio broadcasting within Australia, specifically those subject to the payment of radio licence fees. The amendments include the substitution of references to the Australian Broadcasting Authority (ABA) with the Australian Communications and Media Authority (ACMA), reflecting the transfer of regulatory responsibilities from the ABA to the ACMA. The Act has a national reach, applying throughout Australia. Certain provisions of the Act commence on the date of Royal Assent (1 April 2005), while others, including the schedules, commence on 1 July 2005, aligning with the commencement of related provisions in the Australian Communications and Media Authority Act 2005. The schedules detail the specific amendments to the Radio Licence Fees Act 1964, such as the repeal of the definition of ABA and the insertion of references to ACMA. Transitional provisions ensure the continued effect of existing directions made by the ABA, treating them as if they were made by the ACMA.
Key Provisions
The Radio Licence Fees Amendment Act 2005 (No. 53, 2005) amends the Radio Licence Fees Act 1964, introducing changes primarily through Schedule 1. The Act received Royal Assent on 1 April 2005 and the amendments to the Radio Licence Fees Act 1964 commenced on 1 July 2005. These amendments include the repeal of the definition of the Australian Broadcasting Authority (ABA) under section 4(1) and the substitution of the Australian Communications and Media Authority (ACMA) in its place. Furthermore, it replaces all occurrences of "ABA" with "ACMA" in section 7, ensuring that any references to the authority responsible for issuing directions about gross earnings are updated to reflect the current regulatory body.
The Act imposes specific obligations on the ACMA, now the entity responsible for issuing directions about gross earnings, as previously done by the ABA. This shift necessitates that the ACMA continue to honour and enforce any existing directions made by the ABA that were in force before the transition period. These directions, which pertain to gross earnings, must be treated as if they were issued by the ACMA, ensuring continuity in regulatory oversight and compliance requirements. Additionally, the Act requires that all references to the ABA within the Radio Licence Fees Act 1964 be updated to reflect the ACMA, ensuring that the legislative framework aligns with the current organisational structure of Australia’s media and communications regulatory bodies.
Failure to comply with the provisions of this Act can result in civil or criminal consequences, depending on the nature and severity of the breach. While the specific penalties are not detailed within the Act itself, breaches of the Radio Licence Fees Act 1964, as amended by this Act, could attract penalties under the amended provisions or related legislation. For instance, penalties for non-compliance with directions about gross earnings could include fines or other financial penalties, as stipulated in the Radio Licence Fees Act 1964. The exact penalties would be determined by the ACMA in accordance with the applicable laws and regulations.