Television Stations Licence Fees Amendment Act 1982
No. 156 of 1982
An Act to amend the Television Stations Licence Fees Act 1964
[Assented to 31 December 1982]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Television Stations Licence Fees Amendment Act 1982.
(2) The Television Stations Licence Fees Act 19641 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on the day on which the Broadcasting and Television Amendment Act 1982 comes into operation.
Incorporation of Broadcasting and Television Act
3. Section 3 of the Principal Act is amended by omitting “1942-1964” and substituting “1942”.
Licence fees
4. Section 5 of the Principal Act is amended by omitting “the next succeeding section” and substituting “section 6”.
Amount of fees
5. Section 6 of the Principal Act is amended by inserting in sub-section (3) “(including that sub-section as applying by virtue of section 105p of that Act)” after “Broadcasting and Television Act 1942”.
6. The Principal Act is amended by inserting at the end thereof the following section:
Application of Act to supplementary television stations, &c.
“8. (1) This Act applies to and in relation to a supplementary television station, a supplementary television licence and the holder of such a licence in like manner as it applies to and in relation to a commercial television station, a licence in respect of a commercial television station and the holder of such a licence, and, for the purposes of that application—
(a) a reference to a commercial television station shall be read as a reference to a supplementary television station;
(b) a reference to a licence in respect of a commercial television station shall be read as a reference to a supplementary television licence; and
(c) a reference to the licensee of a commercial television station shall be read as a reference to the licensee of a supplementary television station.
“(2) Notwithstanding the definition of ‘gross earnings’ in sub-section 4 (1), in relation to a supplementary television licence to which sub-section 81 (6) of the Broadcasting and Television Act 1942 applies, references in sections 6 and 7 to gross earnings, in relation to the station to which the licence relates, in respect of a period, are references to the aggregate amount of the gross earnings in respect of the televising from the station of advertisements or other matter of all the persons who, at any time during that period, are co-owners of the licence, including the gross earnings of those persons during that period in respect of the provision by any or all of those persons of, or otherwise in respect of, matter televised from the station.”.
Title
7. The title to the Principal Act is amended by omitting “Commercial” and substituting “certain”.
NOTE
1. No. 118, 1964, as amended. For previous amendments, see No. 93, 1966; Nos. 103 and 189, 1976; No. 96, 1977; No. 51, 1978; and No. 169, 1981.
Overview
The Television Stations Licence Fees Amendment Act 1982 was enacted to amend the Television Stations Licence Fees Act 1964, addressing gaps in the licensing framework for television stations. This Act was passed by the Queen, in accordance with the Senate and the House of Representatives of the Commonwealth of Australia, to modernise and refine the licensing fees structure for television stations. The Act's primary aim is to ensure that the legislative framework aligns with contemporary broadcasting practices and statutory requirements, particularly as they pertain to supplementary television stations. By incorporating amendments to the Principal Act, this legislation seeks to streamline the application of licence fees and clarify the scope of its provisions, thereby facilitating a more coherent and effective regulatory environment for television broadcasting.
Scope and Application
The Television Stations Licence Fees Amendment Act 1982 applies to commercial and supplementary television stations in Australia, modifying the Television Stations Licence Fees Act 1964. It specifically pertains to the holders of commercial and supplementary television licences, extending the scope of the Act to encompass supplementary television stations, their licences, and their holders, similar to how it applies to commercial television stations. The amendment reflects changes in the Broadcasting and Television Act 1942, adjusting the fee calculation for supplementary television stations by including sub-section 105p of that Act. The Act's jurisdictional reach is Commonwealth-wide, applying uniformly across Australia. The amendment also alters the title of the Principal Act from "Commercial" to "certain," reflecting the expanded scope to include supplementary television stations. There are no explicit exclusions or exemptions stated in the Act, though it extends its application through the insertion of a new section at the end of the Principal Act.
Key Provisions
The Television Stations Licence Fees Amendment Act 1982 (Act) amends the Television Stations Licence Fees Act 1964 (Principal Act). The key provisions of the Amendment Act include updating the historical reference in Section 3 of the Principal Act (section 3), adjusting the reference in Section 5 (section 4), and inserting a new section 8 to ensure the Amendment Act applies to supplementary television stations in the same way it applies to commercial television stations (section 6). The Act also modifies the title of the Principal Act by replacing "Commercial" with "certain" (section 7).
The Amendment Act imposes several obligations on the parties it governs. Firstly, it mandates that the Act applies to supplementary television stations, supplementary television licences, and their holders in the same way it applies to commercial television stations, commercial television licences, and their holders (section 8(1)). This includes adjusting the references within the Act to reflect the application to supplementary television stations. Secondly, for supplementary television licences to which Section 81(6) of the Broadcasting and Television Act 1942 applies, the Act requires that gross earnings be understood as the aggregate amount of the gross earnings of all co-owners of the licence in respect of the station during a specified period (section 8(2)).
The Amendment Act does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, the obligations imposed by the Act are significant, as they ensure consistency in the application of licence fees and regulatory requirements between commercial and supplementary television stations. Non-compliance with these obligations could potentially lead to disputes or legal challenges regarding the interpretation and application of licence fees and regulatory requirements. The consequences of such non-compliance would depend on the specific circumstances and the actions taken by the relevant regulatory authorities.