Television Licence Fees Amendment Act 1997

Overview

The Television Licence Fees Amendment Act 1997 was enacted by the Parliament of Australia to revise and update provisions related to television licence fees, ensuring they align with changes in broadcasting legislation and practices. This Act was introduced to address discrepancies and update definitions within the Television Licence Fees Act 1964 to reflect the current regulatory environment established by the Broadcasting Services Act 1992 and other related statutes. By making these amendments, the Act aims to provide clarity and consistency in the application of television licence fees, thereby facilitating more effective regulation and enforcement within the broadcasting sector.

Scope and Application

The Television Licence Fees Amendment Act 1997 is an Act of the Parliament of Australia, which amends the Television Licence Fees Act 1964. The Act applies to entities or individuals who hold a commercial television broadcasting licence, as defined by the Act. This includes those licences referred to in the Transitional Provisions Act and those allocated or renewed under the Broadcasting Services Act 1992. The Act has a national reach, operating within the Commonwealth of Australia. It alters the definitions and provisions of the Television Licence Fees Act 1964, specifically modifying the definition of gross earnings, the definition of licence, and the obligations of licence holders. The Act also replaces references to the Minister with references to the Australian Broadcasting Authority (ABA) in certain sections. The changes come into effect from the day the Act receives Royal Assent. The Act does not specify any exclusions or exemptions, and it extends its application through the subordinate instruments mentioned in the amendments, particularly those related to the Broadcasting Services Act 1992 and the Transitional Provisions Act.

Key Provisions

The Television Licence Fees Amendment Act 1997 (Act) is a legislative amendment to the Television Licence Fees Act 1964. The primary purpose of this Act is to update and refine the definitions and provisions regarding television licences and the Australian Broadcasting Authority (ABA). Section 1 of the Act establishes that it may be cited as the Television Licence Fees Amendment Act 1997. It came into effect on the date of Royal Assent, as indicated in Section 2. The core amendments are detailed in Schedule 1. Schedule 1 outlines specific changes to the Television Licence Fees Act 1964. Section 1 of Schedule 1 introduces the term "ABA," which refers to the Australian Broadcasting Authority established under the Broadcasting Services Act 1992. This inclusion ensures consistency in terminology across related legislation. Section 2 revises the definition of "gross earnings" in subsection 4(1), replacing "pursuant to" with "by the service provided under," thereby clarifying the scope of what constitutes gross earnings for licence fee purposes. Section 3 redefines "licence" to include commercial television broadcasting licences referred to in the Transitional Provisions Act and those allocated or renewed under the Broadcasting Services Act 1992, enhancing the specificity of the definition. In terms of obligations, the Act imposes specific requirements on entities governed by the Television Licence Fees Act 1964. For instance, Section 5 of Schedule 1 mandates that certain references to "Minister" be replaced with "ABA," reflecting the shift in regulatory oversight from the Minister to the ABA. Similarly, Section 6 repeals subsection 6(1), potentially altering the administrative processes or conditions under which television licences are issued or renewed. Paragraph 6(3)(b) of Schedule 1 introduces new conditions for the application of television licence fees, specifying circumstances under the Broadcasting Act 1942 and the Broadcasting Services Act 1992. The Act also outlines potential consequences for non-compliance. While the Act itself does not explicitly state offences, penalties, or civil/criminal consequences for breaches, such provisions are typically found in the primary legislation it amends, the Television Licence Fees Act 1964. Violations of the amended provisions could potentially result in fines, legal action, or other administrative penalties as prescribed in the underlying Act. The specific penalties would depend on the nature and severity of the breach, as well as the jurisdiction's legal framework.