TELEVISION LICENCE FEES AMENDMENT REGULATION 2012 (NO. 2) (SLI NO 287 OF 2012) EXPLANATORY STATEMENT

TELEVISION LICENCE FEES AMENDMENT REGULATION 2012 (NO. 2) (SLI NO 287 OF 2012)

Television Licence Fees Act 1964

Television Licence Fees Amendment Regulation 2012 (No. 2)

The Television Licence Fees Act 1964 (the Act) requires commercial television broadcasting licensees to pay licence fees in relation to their gross earnings from the televising of advertisements or other matter by the services provided under their licences.

Section 8 of the Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted to be prescribed by the Act, or necessary or convenient to be prescribed in carrying out or giving effect to the Act. Subsection 5(2) of the Act provides that the regulations may make provision for rebates of licence fees payable by commercial television broadcasting licensees.

The purpose of the Regulation is to amend Part 4 of the Television Licence Fees Regulations 1990 (the Principal Regulations).

Part 4 of the Principal Regulations was introduced in 2010 to provide for television licence fee rebates, after the Minister for Broadband, Communications and the Digital Economy (the Minister) announced that licence fee rebates would be provided to commercial television broadcasting licensees. Part 4 of the Principal Regulations stipulates the amount of licence fee rebates that may be claimed annually by each eligible licensee over a period starting from the accounting period ending in 2010 to the accounting period ending in 2012.

The Regulation amends Part 4 of the Principal Regulations so that eligible licensees may claim a 50 per cent licence fee rebate for the accounting period ending in 2013.

The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003. The Regulation is subject to parliamentary scrutiny and disallowance.

The Regulation commences on the day after it is registered on the Federal Register of Legislative Instruments.

The Prime Minister granted an exemption from the RIS requirements for this measure on 11 August 2012. A post-implementation review will commence within two years from the date the Regulation is implemented.

This statement of compatibility is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

The purpose of this Regulation is to provide for a rebate to be available for eligible commercial television broadcasting licensees under the television licence fee rebate scheme for the accounting period ending in 2013.

This Regulation is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This is because the Regulation does not engage any of the applicable rights or freedoms, and it does not raise any human rights issues.

The Minister undertook specific consultations with industry stakeholders on the measures contained in the Regulation.

ATTACHMENT

Details of the Television Licence Fees Amendment Regulation 2012 (No. 2)

Section 1 - Name of Regulation

This section provides that the title of the Regulation is the Television Licence Fees Amendment Regulation 2012 (No. 2).

Section 2 - Commencement

This section sets out the date on which the Regulation commences. It provides that the Regulation commences on the day after it is registered on the Federal Register of Legislative Instruments.

Section 3 - Amendment of Television Licence Fees Regulations 1990

Section 3 provides that Schedule 1 amends the Television Licence Fees Regulations 1990 (the Principal Regulations).

Schedule 1 - Amendments

Item [1] - Paragraphs 21 (a) to (c)

Item [1] of Schedule 1 substitutes paragraphs 21(a) to (c) of the Principal Regulations with new paragraphs 21(a) to (d).

The effect of Item [1] is that Regulation 21 of the Principal Regulations is amended to include a new paragraph 21(d). Paragraph 21(d) provides that the television licence fee rebate scheme in Part 4 of the Principal Regulations applies to eligible licensees for the accounting period ending in 2013.

Item [1] also makes minor technical changes to the drafting of paragraphs 21(a) to (c). The operation of these paragraphs is not changed.

Item [2] - Subregulations 22 (1) and (2)

Item [2] of Schedule 1 substitutes Regulation 22 of the Principal Regulations.

Item [2] inserts new subregulation 22(3), which set out the eligibility condition for claiming the rebate for an accounting period ending on a day in 2013, being compliance with the Broadcasting Services (Australian Content) Standard 2005 for the 2012 calendar year.

Item [2] also makes minor technical changes to the drafting of subregulations 22(1) and (2). The operation of these provisions is not changed.

Item [3] - Subregulation 23(2), at the end of the table

Item [3] of Schedule 1 amends the table at subregulation 23(2) of the Principal Regulations to insert an additional row at the end of the table to provide that for the accounting period ending in 2013, the rebate is 50 per cent, and the deadline for claiming that rebate is 31 December 2013.

Commonwealth Numbered Regulations - Explanatory Statements

Television Licence Fees Act 1964

Television Licence Fees Amendment Regulation 2012 (No. 2)

The Television Licence Fees Act 1964 (the Act) requires commercial television broadcasting licensees to pay licence fees in relation to their gross earnings from the televising of advertisements or other matter by the services provided under their licences.