TELEVISION STATIONS LICENCE FEES
AMENDMENT ACT 1976
No. 103 of 1976
An Act to amend the Television Stations Licence Fees Act 1964.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the Television Stations Licence Fees Amendment Act 1976.
Commencement.
2. This Act shall be deemed to have come into operation on 1 September 1976.
3. Section 6 of the Television Stations Licence Fees Act 1964 is repealed and the following section substituted:—
Amount of fees.
“6. (1) There is payable on the grant of a licence, not being a grant by way of the renewal of a licence, a fee of $200.
“(2) There is payable on each anniversary of the date of commencement of a licence that occurs during the period of the licence, and on the grant of a licence that is by way of renewal of a licence, a fee of $200 together with–
(a) an amount equal to 1 per centum of such part of the gross earnings of the station to which the licence relates during the year ended on 30 June last preceding that anniversary or last preceding the commencement of the period for which the licence is renewed, as the case may be, as does not exceed $500,000;
(b) an amount equal to 1½ per centum of such part of those gross earnings as exceeds $500,000 but does not exceed $1,000,000;
(c) an amount equal to 2 per centum of such part of those gross earnings as exceeds $1,000,000 but does not exceed $1,500,000;
(d) an amount equal to 2½ per centum of such part of those gross earnings as exceeds $1,500,000 but does not exceed $2,000,000;
(e) an amount equal to 3 per centum of such part of those gross earnings as exceeds $2,000,000 but does not exceed $2,500,000;
(f) an amount equal to 3½ per centum of such part of those gross earnings as exceeds $2,500,000 but does not exceed $3,000,000;
(g) an amount equal to 4 per centum of such part of those gross earnings as exceeds $3,000,000 but does not exceed $3,500,000; and
(h) an amount equal to 4½ per centum of such part of those gross earnings as exceeds $3,500,000.
“(3) Where the licensee of a commercial television station has, with the leave of the Australian Broadcasting Control Board under section 106 of the Broadcasting and Television Act 1942, adopted an accounting period ending on a day other than 30 June, the reference in sub-section (2) to 30 June shall, in relation to that station, be read as a reference to that other day.
“(4) A reference in sub-section (2) to a licence shall be read as including a reference to a licence granted before the commencement of this Act.”.
Overview
The Television Stations Licence Fees Amendment Act 1976 was enacted to amend the existing Television Stations Licence Fees Act 1964, addressing the need for an updated fee structure to reflect the changing economic conditions and operational costs of television stations. The Act was passed by the Queen, in and with the advice and consent of the Senate and House of Representatives of the Commonwealth of Australia. The primary objective of the Act was to adjust the licensing fees payable by television stations, thereby ensuring the revenue model for licensing remained equitable and reflective of the stations' financial capabilities. The Act introduced a tiered fee structure based on the gross earnings of the television stations, with increasing percentages applied to higher brackets of earnings.
Scope and Application
The Television Stations Licence Fees Amendment Act 1976 applies to television stations that hold or are seeking a licence to broadcast in Australia. It amends the Television Stations Licence Fees Act 1964 to adjust the fees payable by these stations to the Australian Government for the licence to operate. The Act applies to both initial grants of licences and renewals, covering all commercial television stations within the Commonwealth. It does not specify exclusions or exemptions, implying that all qualifying television stations must comply with the new fee structure. The Act's provisions are broad, applying to any television station that meets the criteria of holding or applying for a broadcasting licence under the relevant Acts. The fee structure is progressive, increasing with the station’s gross earnings, and the Act also accommodates stations with alternative accounting periods, provided they have obtained permission from the Australian Broadcasting Control Board.
Key Provisions
The Television Stations Licence Fees Amendment Act 1976 (C2004A01534) amends the Television Stations Licence Fees Act 1964 by altering the fee structure for television station licences. Section 6(1) of the original Act is repealed and replaced with new provisions. Under the new Section 6(1), a fee of $200 is payable on the grant of a licence, excluding renewals. For renewals of licences and each anniversary of a licence's commencement during its period, the fee remains $200, but it is supplemented by an additional amount calculated based on the station's gross earnings from the previous financial year. This additional amount is calculated in tiers, with rates increasing incrementally from 1% to 4½% on portions of gross earnings above specified thresholds. For example, 1% is charged on earnings up to $500,000, while 4½% applies to earnings exceeding $3,500,000. If a commercial television station's accounting period, approved by the Australian Broadcasting Control Board, ends on a date other than 30 June, the reference to 30 June in the Act is adjusted to align with that specific end date.
The Act imposes several obligations on the licensees of television stations. Firstly, they are required to pay the specified licence fees as outlined in the amended Section 6. For renewals and anniversaries, this involves calculating the additional fee based on their gross earnings and ensuring this amount is remitted along with the base fee. Additionally, if a station operates on an accounting period other than the standard 30 June, the licensee must adhere to the adjusted reference date for fee calculations. The Act also mandates that the licensees must keep accurate financial records to facilitate the calculation and payment of these fees.
Failure to comply with the requirements of the Television Stations Licence Fees Amendment Act 1976 can lead to several consequences. While the Act does not explicitly outline criminal or civil penalties for non-compliance, it is implicit that failure to pay the required fees could result in legal actions, such as fines or penalties imposed under the broader regulatory framework governing broadcasting and television in Australia. The exact penalties would be determined in accordance with other relevant legislation, such as the Broadcasting and Television Act 1942, and could include financial penalties or other enforcement measures by the Australian Broadcasting Control Board. The consequences underscore the importance of adherence to the statutory obligations set forth by the Act.