Commonwealth Numbered Regulations - Explanatory Statements

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BROADCASTING (LIMITED LICENCES) FEES REGULATIONS 1991 NO. 80

Statutory Rules 1991 No. 80

Broadcasting (Limited Licences) Fees Regulations

Issued by the Authority of the Minister of State for Transport and Communications

Section 7 of the Broadcasting (Limited Licences) Fees Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Section 4 of the Act provides that there are payable to the Commonwealth by the holder of a limited licence, by way of tax in respect of the licence, fees in accordance with sections 5 and 6 of the Act. Limited licences are granted under section 81 of the Broadcasting Act 1942. The limited licence regime was inserted in the Broadcasting Act by the Broadcasting Legislation Amendment Act 1988. Section 81B of the Broadcasting Act sets out four categories of purposes for which a limited licence may be granted: information purposes; special event purposes; remote Aboriginal community purposes; and special interest purposes.

Subsection 5(1) of the Act provides that there is payable on the grant of a limited licence, not being a grant by way of the renewal of the licence, a fee of an amount ascertained in accordance with the regulations. Subsection 5(2) of the Act provides that regulations made for the purposes of subsection 5(1) may prescribe a fee of an amount specified in the regulations, or prescribe a procedure in accordance with which the amount of the fee is to be ascertained.

Subsection 5(4) of the Act provides that there is payable on the renewal of a limited licence a fee of an amount ascertained in accordance with the regulations.

Subsection 6(1) of the Act provides that there is payable on each 1 January that occurs during the period of a limited licence, or during a period of 12 months immediately following the end of the period of a limited licence, a fee of an amount ascertained in accordance with the regulations. Subsection 6(2) provides that subsection 6(1) does not apply to a limited licence granted for a period of 12 months or less. Subsection 6(3) provides that regulations made for the purposes of subsection 6(1) may prescribe a fee of an amount specified in the regulations, or may prescribe a procedure in accordance with which the amount of the fee is to be ascertained.

The Broadcasting (Limited Licences) Fees Regulations (the Regulations) prescribe fees payable for the grant, renewal and variation of local information limited licences and special event limited licences. The Regulations also prescribe annual fees and fees payable on the grant of text or graphic information limited licences. Details of the Regulations are set out in the attached Notes on Regulations.

ATTACHMENT

NOTES ON BROADCASTING (LIMITED LICENCES) FEES REGULATIONS

PART I - PRELIMINARY

Regulation 1 - Citation

Provides that the proposed Regulations may be cited as the Broadcasting (Limited Licences) Fees Regulations.

Regulation 2 - Interpretation

Regulation 2 defines terms used in the proposed Regulations.

PART 2 - LOCAL INFORMATION LICENCES

Regulation 3 - Fees for the grant of a local information licence

Regulation 3 provides that a fee, for the purposes of subsection 5(1) of the Act, is payable upon the grant of a local information limited licence. Subregulation 3(2) sets out a formula for calculating the amount of the fee; the formula is based on the number of transmitters to be used by the holder of the local information limited licence for the purposes of the licence. Paragraph 3(1)(b) provides that the fee shall not exceed $3,300.

Regulation 4 - Fees for renewal of a local information licence

Regulation 4 provides that a fee, for the purposes of subsection 5(4) of the Act, is payable on the renewal of a local information limited licence.

Subregulation 4(1) provides that the amount of the renewal fee is $100, subject to subregulation 4(2).

Subregulation 4(2) sets out a formula for calculating the renewal fee which is payable for a local information limited licence where the person renewing the licence proposes to increase the number of transmitters to be used for the purposes of the licence. The formula is based on the number of extra transmitters to be used.

Regulation 5 - Fees for variation of a local information licence

Regulation 5 provides that a fee is payable where, during the period of a local information limited licence, or any renewal period of such licence, the licensee applies to increase the number of transmitters to be used for the purposes of the licence. The amount of the fee is calculated using a formula based on the number of extra transmitters proposed to be used.

PART 3 - SPECIAL EVENT LICENCES

Regulation 6 - Fees for the grant of a special event licence

Regulation 6 provides that a fee, for the purposes of subsection 5(1) of the Act, is payable on the grant of a special event limited licence. Subregulation 6(2) sets out a formula for calculating the amount of the fee; the formula is based on the number and type of transmitters to be used by the holder of the special event limited licence for the purposes of the licence. Paragraph 6(1)(b) provides that the fee shall not exceed $3,300.

Regulation 7 - Fees for further grant of a special event licence where not less than 26 weeks notice is given

Regulation 7 provides for the payment of a fee, for the purposes of subsection 5(1) of the Act, for the further grant of a special event limited licence, for the purposes of a similar special event which is to be presented in the same locality as the first special event.

The intended effect of this regulation is that where a special event, for instance, a particular flower show or a particular Grand Prix car race, is held at the same location on a regular basis, for example once or twice a year, or once every two or three years, and the same person wishes to obtain a special event limited licence each time that special event is to be held, then, as long as that person applies for the second and subsequent licences not less than 26 weeks before the next special event to be covered by each licence, the fee payable by the person for those subsequent grants will be less than that for the first grant of a licence for that special event. The reason for this is that the initial grant fees represent, in addition to an administrative fee, a partial cost recovery for the Department's technical planning relating to the establishment of the service, in particular the number and type of transmitters to be used for the purposes of the licence.

Subregulation 7(1) provides that where a person makes such a subsequent application within the 26 week period, and the number of transmitters to be used is unchanged, the fee payable on grant of the subsequent licence is $100.

Subregulation 7(2) provides that where a person makes such a subsequent application within the 26 week period, and the number of transmitters to be used is increased, the fee payable on grant of the subsequent licence is $100 plus amounts calculated using a formula based on the number and type of the proposed extra transmitters.

Regulation 8 - Fees for variation of a special event licence

Regulation 8 provides that a fee is payable where, before the conclusion of a special event, the holder of a special event limited licence covering that special event, applies to increase the number of transmitters to be used for the purposes of the licence. The amount of the fee is calculated using a formula based on the number and type of extra transmitters proposed to be used.

PART 4 - TEXT OR GRAPHIC INFORMATION LICENCES

Regulation 9 - Fees for grant of text or graphic information licence

Regulation 9 provides that, for the purposes of subsection 5(1) of the Act, the fee payable on the grant of a text of graphic information limited licence is $100.

Regulation 10 - Annual fees for text or graphic information licence

Subregulation 10(1) provides that, for the purposes of subsection 6(1) of the Act, the annual fee for a text or graphic information limited licence is $100.

Subregulation 10(2) provides that where a text or graphic information limited licence is granted on 1 January in any year, the first annual fee payable in respect of that licence is the next 1 January.