Television Licence Fees Amendment Act 1987

Administered by Department of Communications and the Arts

Legislation au C2004A03423 Not in force Act

Legislation content

Television Licence Fees Amendment Act 1987

No. 14 of 1987

 

An Act to amend the Television Licence Fees Act 1964, and for related purposes

[Assented to 18 May 1987]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Television Licence Fees Amendment Act 1987.

(2) The Television Licence Fees Act 19641 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on a day to be fixed by Proclamation.


Interpretation

3. Section 4 of the Principal Act is amended—

(a) by omitting from sub-section (1) the definition of “gross earnings” and substituting the following definition:

“ ‘gross earnings’, in respect of a licence in respect of a period, means—

(a) in a case to which paragraph (b) does not apply— the gross earnings of the licensee during that period from the televising, pursuant to the licence, of advertisements or other matter and from the televising, pursuant to any MCS permit granted in respect of the licence, of advertisements or other matter; and

(b) in the case of a remote licence to which sub-section 81 (6) of the Broadcasting Act 1942 applies—the aggregate amount of the gross earnings during that period from the televising, pursuant to the licence, of advertisements or other matter of all the persons who, at any time during that period, are co-owners of the licence;”; and

(b) by omitting from sub-section (1) the definition of “photographic film”.

Licence fees

4. Section 5 of the Principal Act is amended—

(a) by omitting “There” and substituting “Subject to sub-section (2), there”; and

(b) by adding at the end the following sub-section:

“(2) The regulations may make provision for rebates of fees payable by licensees.”.

Amount of fees

5. Section 6 of the Principal Act is amended—

(a) by omitting from sub-section (2) “(including any period of renewal or further renewal of the licence)” and substituting “, or during the period of 24 months immediately following the end of the period of the licence,”; and

(b) by inserting after sub-section (4) the following sub-section:

“(4a) For the purposes of sub-section (2), the period of a licence shall be taken to include any period of renewal or further renewal of the licence.”.

6. After section 7 of the Principal Act the following section is inserted:

Regulations

“8. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters—

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed in carrying out or giving effect to this Act.”.


Amendments of Television Stations Licence Fees Act 1964 as in force immediately before 1 January 1986 for the purposes of its continued application to old system licences

7. (1) For the purposes of the continued application, by virtue of section 11 of the Television Stations Licence Fees Amendment Act 1985, of the previous Licence Fees Act—

(a) section 4 of the previous Licence Fees Act is amended—

(i) by omitting from sub-section (1) the definition of “gross earnings” and substituting the following definition:

“ ‘gross earnings’, in relation to a commercial television station in respect of a period, means the gross earnings of the licensee of a station during the period from the televising from the station of advertisements or other matter;”; and

(ii) by omitting from sub-section (1) the definition of “photographic film”; and

(b) section 6 of the previous Licence Fees Act is amended—

(i) by omitting from sub-section (2) “(including any period of renewal or further renewal of the licence)” and substituting “, or during the period of 24 months immediately following the end of the period of the licence,”; and

(ii) by inserting after sub-section (4) the following sub-section:

“(4a) For the purposes of sub-section (2), the period of a licence shall be taken to include any period of renewal or further renewal of the licence.”.

(2) In this section, “previous Licence Fees Act” means the Television Stations Licence Fees Act 1964 as in force immediately before 1 January 1986.

Application

8. The amendments made by this Act apply in relation to every anniversary of the date of commencement of a licence, being an anniversary that occurs on or after the date of commencement of this Act.

 

NOTE

1. No. 118, 1964, as amended. For previous amendments, see No. 93, 1966; Nos. 37, 103 and 189, 1976; No. 96, 1977; No. 51, 1978; No. 169, 1981; No. 156, 1982; No. 59, 1983; and No. 69, 1985.

[Minister’s second reading speech made in—

House of Representatives on 12 November 1986

Senate on 20 November 1986]

Overview

The Television Licence Fees Amendment Act 1987, assented to on 18 May 1987, was enacted by the Parliament of Australia to amend the Television Licence Fees Act 1964. This legislative amendment was designed to address issues related to the definition of gross earnings for the purposes of television licence fees and to provide for rebates of these fees. The Act allows for modifications to the interpretation of "gross earnings" and provides a mechanism for the regulation of rebates by the Governor-General, ensuring that the legislation remains flexible and responsive to changes in the broadcasting industry. The policy objective is to maintain a fair and updated regulatory framework for television licensing, ensuring it aligns with current economic and industry practices.

Scope and Application

The Television Licence Fees Amendment Act 1987 amends the Television Licence Fees Act 1964 to update and refine the definitions and provisions related to television licence fees. This Act applies to entities and individuals who hold television licences, specifically those involved in the televising of advertisements or other content, including co-owners of remote licences. The amendments pertain to the calculation of gross earnings for licence fee purposes and introduce the possibility of rebates through regulations. The Act extends across the Commonwealth of Australia, and its provisions apply to all licences renewed on or after the date of commencement. Notably, the Act also provides for the continued application of certain provisions to "old system licences" as defined, ensuring consistency with previously established frameworks. The Act allows for the creation of regulations by the Governor-General, which must not be inconsistent with the Act and may cover matters necessary or convenient for the implementation of the Act’s provisions.

Key Provisions

The Television Licence Fees Amendment Act 1987 (section 1) amends the Television Licence Fees Act 1964. It introduces several modifications to the definitions and provisions of the principal Act, as well as addressing the application of these amendments to existing licences. Section 3 amends the definition of "gross earnings" for licence periods, clarifying that it includes earnings from both the televising of advertisements or other matter under the licence and any Multiple Channel Service (MCS) permits granted in respect of the licence. For remote licences under the Broadcasting Act 1942, gross earnings are defined as the aggregate of earnings from all co-owners of the licence. Section 4 introduces a new sub-section (2) that allows regulations to provide for rebates of fees payable by licensees. Section 5 modifies the period for calculating licence fees, now extending to 24 months immediately following the end of the licence period, and clarifies that the licence period includes any renewal periods. Section 6 authorises the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act. The Act imposes specific obligations on licensees and the relevant authorities. Firstly, it requires licensees to ensure that their gross earnings are accurately reported, taking into account the updated definition provided in section 3. Secondly, it mandates that any rebates of licence fees be provided in accordance with regulations made under section 4. The Act also empowers the Governor-General to make regulations as necessary to implement the changes and ensure the smooth operation of the amended provisions. These regulations must be consistent with the Act and serve to detail the application of the new definitions and fee structures. Breaches of the provisions of the Television Licence Fees Amendment Act 1987 may result in civil or criminal penalties. The specific consequences depend on the nature and severity of the breach. For example, failure to accurately report gross earnings or comply with the fee structures may result in fines or other civil penalties as prescribed by regulations. More serious breaches, such as fraudulent reporting or deliberate non-compliance, may lead to criminal charges. The maximum penalties for such offences would be determined by the relevant state or territory legislation governing criminal offences. It is essential for licensees and authorities to adhere to the requirements of the Act to avoid any legal repercussions.

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Commercial Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
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