Television Stations Licence Fees Amendment Act 1983

Overview

The Television Stations Licence Fees Amendment Act 1983 was enacted by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, to amend the Television Stations Licence Fees Act 1964. This Act aimed to adjust the licence fee structures for television stations based on their gross earnings, ensuring that the fee percentages better reflect the earnings of the stations. It was designed to address the problem of outdated fee structures that did not accurately correspond to the financial realities of television stations, thus impacting the equitable distribution of licence fees. The Act came into operation on 1 September 1983 and introduced new fee brackets to ensure that the licence fees were more reflective of the stations' actual earnings.

Scope and Application

The Television Stations Licence Fees Amendment Act 1983 applies to television stations that hold a licence under the Television Stations Licence Fees Act 1964. This Act amends the fees charged to television stations based on their gross earnings, applying to those whose earnings fall within specified brackets. The Act operates nationally across the Commonwealth of Australia, impacting the broadcasting industry directly by altering the financial obligations of television stations. The amendments to the fees are retrospective, applying to anniversaries of licence commencement on or after 1 September 1983. While the Act itself sets out the amendments, it does not specify exclusions or exemptions beyond the outlined earnings brackets. Any further elaboration on the application or interpretation of the Act may be provided through subordinate instruments or regulations.

Key Provisions

The Television Stations Licence Fees Amendment Act 1983, which received royal assent on 12 October 1983, amends the Television Stations Licence Fees Act 1964 (referred to as the Principal Act). The Act came into operation on 1 September 1983 and adjusts the licence fees for television stations based on their gross earnings. Specifically, Section 3 of the Amendment Act revises the percentages of gross earnings that determine the licence fees payable by television stations. These percentages are categorised into four brackets: not less than $7,000,000 but less than $10,000,000; not less than $10,000,000 but less than $20,000,000; not less than $20,000,000 but less than $45,000,000; and not less than $45,000,000. For the highest bracket, the fee is the lesser of 8% or the percentage calculated by the formula. The amendments apply to each anniversary of the licence date occurring on or after 1 September 1983. The Act imposes specific obligations on television stations to accurately report their gross earnings to the relevant authorities. This ensures that the correct licence fee is calculated and paid, based on the amended percentages set out in the Act. Furthermore, the Act requires the television stations to comply with the new fee structure when renewing their licences or applying for new ones, starting from the effective date of 1 September 1983. Breach of the obligations set out in the Act may result in various consequences. While the Act does not explicitly state offences or penalties for non-compliance, it is reasonable to infer that failure to accurately report gross earnings or pay the correct licence fees could be considered a breach of the Act. Such breaches may be subject to civil or administrative penalties, including fines or other enforcement actions, as provided under the relevant licensing laws or administrative procedures. The exact penalties would depend on the specific provisions of the Principal Act and any related regulations or administrative guidelines.