Television Licence Fees Amendment Act 2013

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2013A00025 In force Act

Legislation content

 

 

 

 

 

 

Television Licence Fees Amendment Act 2013

 

No. 25, 2013

 

 

 

 

 

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

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—General amendments

Part 1—Amendments

Television Licence Fees Act 1964

Part 2—Application and transitional provisions

Schedule 2—Technical amendments

Television Licence Fees Act 1964

 

 

 

Television Licence Fees Amendment Act 2013

No. 25, 2013

 

 

 

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

[Assented to 28 March 2013]

 

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Television Licence Fees Amendment Act 2013.

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 this Act receives the Royal Assent.

28 March 2013

2.  Schedules 1 and 2

The day after this Act receives the Royal Assent.

29 March 2013

Note:  This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be 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  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—General amendments

Part 1—Amendments

Television Licence Fees Act 1964

1  Subsection 6(2A)

Repeal the subsection, substitute:

 (2A) In subsection (2), relevant percentage, in relation to the gross earnings in respect of a licence during a period means whichever of the following is applicable:

 (a) if those gross earnings are less than $5,000,000—the percentage worked out using the following formula:

 (b) if those gross earnings are not less than $5,000,000 but are less than $6,000,000—the percentage worked out using the following formula:

 (c) if those gross earnings are not less than $6,000,000 but are less than $7,000,000—the percentage worked out using the following formula:

 (d) if those gross earnings are not less than $7,000,000 but are less than $10,000,000—the percentage worked out using the following formula:

 (e) if those gross earnings are not less than $10,000,000 but are less than $20,000,000—the percentage worked out using the following formula:

 (f) if those gross earnings are not less than $20,000,000 but are less than $45,000,000—the percentage worked out using the following formula:

 (g) if those gross earnings are not less than $45,000,000 but are less than $75,000,000—the percentage worked out using the following formula:

 (h) if those gross earnings are not less than $75,000,000—whichever is the lesser of the following percentages:

 (i) 4.5%;

 (ii) the percentage worked out using the following formula:

where:

gross earnings number means the number of dollars in those gross earnings.

2  Paragraph 6A(e)

Repeal the paragraph, substitute:

 (e) subsection 6(2A) were omitted and the following subsection were substituted:

 (2A) In subsection (2), relevant percentage, in relation to gross earnings in respect of a licence during a period, means whichever of the following is applicable:

 (a) if the adjusted gross earnings are less than $5,000,000—the percentage worked out using the following formula:

 (b) if the adjusted gross earnings are not less than $5,000,000, but are less than $6,000,000—the percentage worked out using the following formula:

 (c) if the adjusted gross earnings are not less than $6,000,000 but are less than $7,000,000—the percentage worked out using the following formula:

 (d) if the adjusted gross earnings are not less than $7,000,000 but are less than $10,000,000—the percentage worked out using the following formula:

 (e) if the adjusted gross earnings are not less than $10,000,000 but are less than $20,000,000—the percentage worked out using the following formula:

 (f) if the adjusted gross earnings are not less than $20,000,000 but are less than $45,000,000—the percentage worked out using the following formula:

 (g) if the adjusted gross earnings are not less than $45,000,000 but are less than $75,000,000—the percentage worked out using the following formula:

 (h) if the adjusted gross earnings are not less than $75,000,000—whichever is the lesser of the following percentages:

 (i) 4.5%;

 (ii) the percentage worked out using the following formula:

where:

adjusted gross earnings is the amount worked out using the following formula:

adjusted gross earnings number is the number of dollars in the adjusted gross earnings.

Part 2—Application and transitional provisions

3  Application

The amendments made by this Schedule apply to a fee payable by a licensee after the commencement of this item.

4  Transitional—licence fee rebate scheme

A licensee is not entitled to a rebate under Part 4 of the Television Licence Fees Regulations 1990 for an accounting period (within the meaning of that Part) if the fee for the accounting period is payable after the commencement of this item.

Schedule 2—Technical amendments

 

Television Licence Fees Act 1964

1  Subsection 5(1)

Omit “, 6A and 6B”, substitute “and 6A”.

2  At the end of paragraph 6A(a)

Add “and”.

3  Section 6A

Omit “anniversary”, substitute “31 December”.

4  Section 6B

Repeal the section.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 14 March 2013

Senate on 20 March 2013]

 

(52/13)

 

Overview

The Television Licence Fees Amendment Act 2013 (C2013A00025) was enacted by the Parliament of Australia to amend the Television Licence Fees Act 1964 and address certain issues related to the calculation and application of television licence fees. The Act was assented to on 28 March 2013 and commenced on the same day for most provisions, with schedules taking effect the following day. The primary objective of the Act is to revise the methodology for determining the relevant percentage applicable to the gross earnings of a television licence, providing a more graduated approach based on different thresholds of gross earnings. This change aims to better reflect the financial capacity of broadcasters and ensure a fair and equitable distribution of licence fees. The Television Licence Fees Amendment Act 2013 makes several technical amendments to the 1964 Act, including the repeal of certain subsections and the adjustment of references within the text to ensure coherence and accuracy. These amendments are designed to streamline the legislative framework governing television licence fees, making it more efficient and easier to administer. The Act also includes transitional provisions to manage the impact of these changes on existing licence agreements and fee calculations, ensuring a smooth transition for all parties involved.

Scope and Application

The Television Licence Fees Amendment Act 2013 amends the Television Licence Fees Act 1964, modifying the fee structure and certain provisions to better align with current economic and regulatory environments. This Act applies to all licensees, which include entities or individuals holding a television licence, who are subject to the fees prescribed under the amended Act. The amendments affect the calculation of licence fees based on gross earnings, introducing a tiered percentage system that varies depending on the gross earnings threshold, ranging from less than $5 million to over $75 million. The Act's provisions commenced on 28 March 2013, with specific amendments to the fee structure and transitional provisions taking effect on 29 March 2013. Notably, the Act revokes the entitlement to rebates for certain accounting periods, aligning with the changes in the fee structure. The Act applies nationally across Australia, as it is a Commonwealth Act, thereby ensuring uniformity in the application of television licence fees across the country.

Key Provisions

The Television Licence Fees Amendment Act 2013 amends the Television Licence Fees Act 1964 by introducing new provisions for calculating licence fees based on gross earnings. Specifically, Section 1 of Schedule 1 modifies Subsection 6(2A) to define the relevant percentage for determining licence fees, which varies depending on the amount of gross earnings. Similarly, Paragraph 6A(e) is repealed and substituted with a new subsection that also specifies the relevant percentage based on adjusted gross earnings. Entities governed by the Act, such as licensees, are required to calculate their licence fees based on these new provisions. For example, if a licensee’s gross earnings are between $5,000,000 and $6,000,000, they must apply a specific percentage as outlined in the amended Subsection 6(2A)(b). The amendments apply to fees payable after the commencement of the Act, which was on 29 March 2013, as per the commencement provisions in Section 2. Failure to comply with the new fee calculation requirements can lead to various consequences. While the Act does not explicitly state penalties for non-compliance, breaches of similar legislative provisions typically result in fines or other enforcement actions. The severity of these penalties can depend on the nature and extent of the non-compliance, but they could include financial penalties or other administrative measures to ensure adherence to the amended fee structure. Additionally, the transitional provisions in Part 2 of Schedule 1 ensure that certain rebates under the Television Licence Fees Regulations 1990 are not applicable for accounting periods after the Act’s commencement. This means that any rebates for periods commencing post-29 March 2013 will not be granted, aligning with the new fee calculation framework introduced by the Act.

Legal classification tags

Area of Law
Taxation Law
Instrument
Act
Concepts
Commencement Provisions
Regulatory Standards
Transitional Provisions

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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.