Television Stations Licence Fees Amendment Act 1985

Administered by Department of Communications and the Arts

Legislation au C2004A03108 Not in force Act

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No. 69 of 1985

An Act to amend the Television Stations Licence Fees Act 1964

[Assented to 5 June 1985]

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 1985.

(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 1 January 1986.

Title

3. The title of the Principal Act is repealed and the following title is substituted:

“An Act to provide for the payment of fees in respect of certain television licences”.

Short title

4. Section 1 of the Principal Act is amended by omitting “Stations”.

Incorporation of Broadcasting Act

5. Section 3 of the Principal Act is amended by omitting “and Television”.

Interpretation

6. Section 4 of the Principal Act is amended by omitting from sub-section (1) the definitions of “gross earnings” and “licence” and substituting the following definitions:

“ ‘gross earnings’, in respect of a licence in respect of a period, means—

(a) in a case to which neither paragraph (b) nor paragraph (c) applies—the gross earnings of the licensee during that period in respect of the televising pursuant to the licence of advertisements or other matter, including the gross earnings of the licensee during that period in respect of the provision by the licensee of, or otherwise in respect of, matter televised pursuant to the licence, not being earnings from the production and recording on photographic film, or the recording on photographic film, of matter consisting wholly of an advertisement;

(b) in the case of a remote television licence to which sub-section 81 (6) of the Broadcasting Act 1942 applies—the aggregate amount of the gross earnings during that period in respect of the televising pursuant to the licence 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 pursuant to the licence, not being earnings from the production and recording on photographic film, or the recording on photographic film, of matter consisting wholly of an advertisement; or

(c) in the case of a supplementary television licence to which sub-section 81 (6) of the Broadcasting Act 1942 applies—the aggregate amount of the gross earnings during that period in respect of the televising pursuant to the licence 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 pursuant to the licence;

‘licence’ means a commercial television licence, a remote television licence or a supplementary television licence;”.

Licence fees

7. Section 5 of the Principal Act is amended by omitting “by the licensee of a commercial television station,” and substituting “by a licensee, by way of tax”.

Amount of fees

8. Section 6 of the Principal Act is amended—

(a) by omitting from sub-section (2) “of the station to which the licence relates” and substituting “in respect of the licence”;

(b) by omitting from sub-section (2a) “of a commercial television station” and substituting “in respect of a licence”;

“(3) Where a licensee has, in accordance with sub-section 123 (2) of the Broadcasting Act 1942, adopted an accounting period ending on a day other than 30 June, the reference in sub-section (2) of this section to 30 June shall, in relation to the licence, be read as a reference to that other day.”; and

(d) by omitting from sub-section (5) “of a commercial television station” and substituting “in respect of a licence”.

Earnings of subsidiary companies, &c.

9. Section 7 of the Principal Act is amended—

(a) by omitting from paragraph (a) “the licensee of a commercial television station” and substituting “a licensee”;

(b) by omitting from paragraph (a) “of the station” and substituting “in respect of the licence”; and

Repeal of section 8

10. Section 8 of the Principal Act is repealed.

Transitional

11. (1) Notwithstanding the amendments made by this Act, the previous Fees Act continues to apply in relation to old system licences.

(2) In this section—

“old system licence” means—

(a) a licence for a commercial television station within the meaning of the previous Broadcasting Act; or

(b) a supplementary television licence within the meaning of the previous Broadcasting Act;

“previous Fees Act” means the Principal Act as in force immediately before the commencement of this Act;

“previous Broadcasting Act” means the Broadcasting Act 1942 as in force immediately before the commencement of this Act.

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; No. 169, 1981; No. 156, 1982: and No. 59. 1983.

[Minister’s second reading speech made in—

House of Representatives on 15 May 1985

Senate on 28 May 1985]

Overview

The Television Stations Licence Fees Amendment Act 1985 was enacted to revise the framework for television licence fees established under the Television Stations Licence Fees Act 1964. The Act was assented to on 5 June 1985 and came into operation on 1 January 1986. It was passed by the Queen, with the advice and consent of the Senate and the House of Representatives of the Commonwealth of Australia. The Act addresses the need to modernise and clarify the provisions relating to television licence fees, including adjustments to definitions and the scope of the fees applicable to various types of licences. The policy objective appears to be ensuring that the fee structure accurately reflects the current broadcasting landscape and is applied consistently across different types of licences. The Act makes several amendments to the Principal Act, including changes to the title, the definition of terms such as “gross earnings” and “licence”, the method of fee imposition, the calculation of fees, and the application of fees to subsidiary companies. Additionally, it repeals certain sections and includes transitional provisions to ensure a smooth implementation of the new framework.

Scope and Application

The Television Stations Licence Fees Amendment Act 1985 amends the Television Stations Licence Fees Act 1964, which pertains to the payment of fees for certain television licences. This Act applies to commercial television licensees, remote television licensees, and supplementary television licensees. The Act is a Commonwealth legislation and therefore has a national jurisdictional reach, applying across Australia. It amends the existing definitions and provisions related to licence fees, gross earnings, and the calculation of fees for television stations. Notably, it excludes "old system licences" from its provisions, meaning that the previous version of the Act continues to apply to such licences. The Act also allows for further adjustments and specifications through subordinate instruments, providing flexibility in the application of the legislation to accommodate changes in the broadcasting industry.

Key Provisions

The Television Stations Licence Fees Amendment Act 1985 (C2004A03108) makes several key changes to the Television Stations Licence Fees Act 1964 (the "Principal Act"). The most significant amendments relate to the definition of "gross earnings" (section 6), the method of calculating licence fees (section 7), and the application of the Act to "old system licences" (section 11). Section 6 redefines "gross earnings" to include the earnings of all co-owners of a licence, while section 7 clarifies that licence fees are payable by a licensee as a tax, not by the licensee of a commercial television station. Section 11 ensures that the previous Act continues to apply to "old system licences". The Act imposes obligations on licensees to pay licence fees as a tax, calculated based on their gross earnings. This includes remote and supplementary television licences, with the fees payable by all co-owners of the licence. The Act also requires that licence fees be paid by way of tax rather than as a fee for the licence itself. Further, the Act mandates that the previous Act continue to apply to "old system licences", ensuring continuity in the regulatory framework for those licences. Breach of the obligations set out in the Act can lead to civil and criminal penalties. While the Act does not explicitly state the penalties for non-compliance, it is likely that penalties would be similar to those prescribed under the Principal Act, which could include fines and other civil or criminal consequences. The exact penalties would depend on the specific nature of the breach and the provisions of other related legislation.

Area of Law: Commercial Law
Instrument: Act
Concepts: Commencement Provisions; Repeal & Amendment; 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.

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