Television Licence Fees Amendment Act 1991

Overview

The Television Licence Fees Amendment Act 1991 was enacted by the Parliament of Australia to amend the existing Television Licence Fees Act 1964. The primary objective of this legislation was to modify the fee structure and payment schedules for television licences, thereby addressing issues related to the timing and amount of fees payable by licensees. By introducing these changes, the Act aimed to ensure that the fee collection process was more aligned with the actual usage periods of television licences and provided clearer guidelines for both the broadcasters and the licensees. The Act came into effect on 31 December 1992, following its assent on 6 December 1991.

Scope and Application

The Television Licence Fees Amendment Act 1991 amends the Television Licence Fees Act 1964 to modify the payment schedule and calculation of television licence fees. This Act applies to all licensees who hold television licences, including those for remote or supplementary television services, and is effective within the Commonwealth of Australia. The amendments redefine the payment structure, requiring fees to be paid on each 31 December during the licence period and for a specified period after the licence expires, based on the gross earnings of the licence during the preceding financial year. The Act also modifies the calculation of fees payable when the accounting period changes, aligning the fee payments with the 31 December dates as outlined in the Act. No specific exclusions or exemptions are mentioned in the Act, and it does not extend its application through subordinate instruments. The amendments are set to commence on 31 December 1992.

Key Provisions

The Television Licence Fees Amendment Act 1991 (section 1) amends the Television Licence Fees Act 1964. The Act introduces several key changes to the existing framework for television licence fees. Firstly, it modifies the definition of "licence" under section 4 of the Principal Act (section 3), removing the term "remote television licence or a supplementary television licence" and substituting it with just "a remote television licence." Secondly, it alters the fee payment schedule under section 6, specifying that fees are payable on each 31 December during the licence period and on certain dates after the licence period ends (section 4). This amendment ensures fees are calculated based on the gross earnings in respect of the licence during the year ending on 30 June before the 31 December. The obligations imposed by the Television Licence Fees Amendment Act 1991 primarily revolve around the revised fee payment schedule and the calculation of those fees. Licensees must now ensure that they pay fees not only annually on 31 December during the licence period but also on specific dates following the end of the licence period, depending on when the licence expires within the calendar year. This requires careful tracking of the licence period and the associated payment obligations. Furthermore, the calculation of fees must be based on the gross earnings during the preceding financial year, necessitating accurate record-keeping of earnings and expenses related to the licence. The Act imposes penalties for non-compliance with the fee payment obligations. Although the Act does not explicitly state the penalties, it is reasonable to infer that failure to pay the specified fees on time could lead to civil consequences under the Principal Act, such as fines or interest on overdue amounts. Additionally, persistent non-compliance might result in legal action to enforce payment or other civil remedies available under the existing legislative framework. While the specific penalties are not detailed in this amendment, they would likely align with those provided in the Television Licence Fees Act 1964, which could include financial penalties or other enforcement measures.