Television Licence Fees Amendment Regulation 2012 (No. 2)

Administered by Department of Communications and the Arts

Legislation au F2012L02375 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2012 No. 287

 

Issued by the Authority of the Minister for Broadband, Communications

and the Digital Economy

 

Television Licence Fees Act 1964

 

Television Licence Fees Amendment Regulation 2012 (No. 2)

 

 

Purpose

 

The Television Licence Fees Act 1964 (the Act) requires commercial television broadcasting licensees to pay licence fees in relation to their gross earnings from the televising of advertisements or other matter by the services provided under their licences.

 

Section 8 of the Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted to be prescribed by the Act, or necessary or convenient to be prescribed in carrying out or giving effect to the Act. Subsection 5(2) of the Act provides that the regulations may make provision for rebates of licence fees payable by commercial television broadcasting licensees.

 

The purpose of the Regulation is to amend Part 4 of the Television Licence Fees Regulations 1990 (the Principal Regulations).

 

Part 4 of the Principal Regulations was introduced in 2010 to provide for television licence fee rebates, after the Minister for Broadband, Communications and the Digital Economy (the Minister) announced that licence fee rebates would be provided to commercial television broadcasting licensees.  Part 4 of the Principal Regulations stipulates the amount of licence fee rebates that may be claimed annually by each eligible licensee over a period starting from the accounting period ending in 2010 to the accounting period ending in 2012.

 

The Regulation amends Part 4 of the Principal Regulations so that eligible licensees may claim a 50 per cent licence fee rebate for the accounting period ending in 2013.

 

The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.  The Regulation is subject to parliamentary scrutiny and disallowance.

 

The Regulation commences on the day after it is registered on the Federal Register of Legislative Instruments.

Regulation Impact Statement

The Prime Minister granted an exemption from the RIS requirements for this measure on 11 August 2012. A post-implementation review will commence within two years from the date the Regulation is implemented.

Statement of compatibility with human rights

This statement of compatibility is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

The purpose of this Regulation is to provide for a rebate to be available for eligible commercial television broadcasting licensees under the television licence fee rebate scheme for the accounting period ending in 2013.

 

This Regulation is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This is because the Regulation does not engage any of the applicable rights or freedoms, and it does not raise any human rights issues.

Consultation

The Minister undertook specific consultations with industry stakeholders on the measures contained in the Regulation.

Details of the accompanying Regulation are set out in the Attachment.

 

ATTACHMENT

 

Details of the Television Licence Fees Amendment Regulation 2012 (No. 2)

 

Section 1 – Name of Regulation

 

This section provides that the title of the Regulation is the Television Licence Fees Amendment Regulation 2012 (No. 2).

 

Section 2 – Commencement

 

This section sets out the date on which the Regulation commences. It provides that the Regulation commences on the day after it is registered on the Federal Register of Legislative Instruments.

 

Section 3 – Amendment of Television Licence Fees Regulations 1990

 

Section 3 provides that Schedule 1 amends the Television Licence Fees Regulations 1990 (the Principal Regulations).

 

Schedule 1 – Amendments

 

Item [1] – Paragraphs 21 (a) to (c)

 

Item [1] of Schedule 1 substitutes paragraphs 21(a) to (c) of the Principal Regulations with new paragraphs 21(a) to (d).

 

The effect of Item [1] is that Regulation 21 of the Principal Regulations is amended to include a new paragraph 21(d).  Paragraph 21(d) provides that the television licence fee rebate scheme in Part 4 of the Principal Regulations applies to eligible licensees for the accounting period ending in 2013.

 

Item [1] also makes minor technical changes to the drafting of paragraphs 21(a) to (c).  The operation of these paragraphs is not changed.

 

Item [2] – Subregulations 22 (1) and (2)

 

Item [2] of Schedule 1 substitutes Regulation 22 of the Principal Regulations.

 

Item [2] inserts new subregulation 22(3), which set out the eligibility condition for claiming the rebate for an accounting period ending on a day in 2013, being compliance with the Broadcasting Services (Australian Content) Standard 2005 for the 2012 calendar year.

 

Item [2] also makes minor technical changes to the drafting of subregulations 22(1) and (2).  The operation of these provisions is not changed.

 

Item [3] – Subregulation 23(2), at the end of the table

 

Item [3] of Schedule 1 amends the table at subregulation 23(2) of the Principal Regulations to insert an additional row at the end of the table to provide that for the accounting period ending in 2013, the rebate is 50 per cent, and the deadline for claiming that rebate is 31 December 2013.

Overview

The Television Licence Fees Act 1964, enacted by the Parliament of Australia, was introduced to establish a regulatory framework for commercial television broadcasting licensees, requiring them to pay licence fees based on their gross earnings from the televising of advertisements or other content. The Act empowers the Governor-General to make regulations, not inconsistent with the Act, to prescribe necessary matters for its implementation. One such regulation is the Television Licence Fees Amendment Regulation 2012 (No. 2), issued by the Minister for Broadband, Communications and the Digital Economy. This regulation aims to amend the Television Licence Fees Regulations 1990, extending the television licence fee rebate scheme to include a 50% rebate for eligible licensees for the accounting period ending in 2013. The regulation also sets the deadline for claiming this rebate as 31 December 2013 and stipulates compliance with the Broadcasting Services (Australian Content) Standard 2005 for the 2012 calendar year as an eligibility condition. This legislative instrument is subject to parliamentary scrutiny and disallowance and is compatible with human rights, as it does not engage any applicable rights or freedoms.

Scope and Application

The Television Licence Fees Act 1964, as amended by the Television Licence Fees Amendment Regulation 2012 (No. 2), applies to commercial television broadcasting licensees who are required to pay licence fees in relation to their gross earnings from the televising of advertisements or other matter by the services provided under their licences. This Act and its regulations have a national reach across Australia, administered by the Commonwealth. The primary exclusion pertains to entities that do not engage in commercial television broadcasting activities. Additionally, the Act extends its application through subordinate instruments such as the Television Licence Fees Regulations 1990, which are subject to amendment as demonstrated by the 2012 Amendment Regulation. The 2012 Amendment Regulation specifically targets the television licence fee rebate scheme, allowing eligible licensees to claim a 50 per cent rebate for the accounting period ending in 2013, provided they meet the eligibility conditions, including compliance with the Broadcasting Services (Australian Content) Standard 2005 for the 2012 calendar year.

Key Provisions

The Television Licence Fees Amendment Regulation 2012 (No. 2) (the "Regulation") introduces several amendments to the Television Licence Fees Regulations 1990 (the "Principal Regulations"). The Regulation primarily modifies Part 4 of the Principal Regulations to extend the television licence fee rebate scheme to eligible licensees for the accounting period ending in 2013. This is achieved by inserting new paragraphs and subregulations, while also making minor technical adjustments to existing provisions without altering their operational effect. The Regulation requires commercial television broadcasting licensees to adhere to specific conditions to qualify for the rebate, such as compliance with the Broadcasting Services (Australian Content) Standard 2005 for the 2012 calendar year. Under the amended Regulation, eligible commercial television broadcasting licensees must meet certain criteria to qualify for the licence fee rebate. Primarily, they must comply with the Broadcasting Services (Australian Content) Standard 2005 for the 2012 calendar year. This involves ensuring that their broadcast content meets the prescribed Australian content standards. Additionally, the Regulation sets a deadline for claiming the rebate, which is 31 December 2013. The licensees must also ensure that their financial records and other relevant documentation are in order to substantiate their rebate claims. The Regulation does not explicitly outline specific offences or penalties for non-compliance; however, breaches of the underlying Television Licence Fees Act 1964 and associated regulations may result in civil or criminal consequences. For instance, non-compliance with the Act could lead to fines, penalties, or other enforcement actions. The Act empowers the Minister to take measures to recover unpaid licence fees, which may include legal proceedings. The precise penalties for breaches of the Act or regulations depend on the nature and severity of the breach but could potentially include substantial fines and other sanctions. In summary, the Television Licence Fees Amendment Regulation 2012 (No. 2) extends the television licence fee rebate scheme to eligible licensees for the accounting period ending in 2013. It imposes obligations on licensees to comply with specific conditions, including adherence to the Broadcasting Services (Australian Content) Standard 2005 for the 2012 calendar year, and sets a deadline for claiming the rebate. While the Regulation itself does not specify detailed penalties for non-compliance, breaches of the underlying Act and regulations could result in significant civil or criminal consequences, including fines and legal action.

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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.