TELEVISION LICENCE FEES AMENDMENT REGULATIONS 2017 (F2017L00780) EXPLANATORY STATEMENT

Commonwealth Numbered Regulations - Explanatory Statements

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TELEVISION LICENCE FEES AMENDMENT REGULATIONS 2017 (F2017L00780)

EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Communications

 

Television Licence Fees Act 1964

 

Television Licence Fees Amendment Regulations 2017

 

Authority

 

The Television Licence Fees Act 1964 (the TLF 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 services provided under their licences.

 

Section 8 of the TLF Act provides that the Governor-General may make regulations, not inconsistent with the TLF Act, prescribing all matters required or permitted to be prescribed by the TLF Act, or necessary or convenient to be prescribed in carrying out or giving effect to the TLF Act.

 

Subsection 5(2) of the TLF Act provides that the regulations may make provision for rebates of licence fees payable by commercial television broadcasting licensees.

 

The TLF Act is intended to be repealed by the Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017 (the Bill), resulting in the abolishment of television licence fees payable after 31 December 2016. The Bill was introduced into the House of Representatives on 15 June 2017.

 

Purpose

 

The purpose of the Television Licence Fees Amendment Regulations 2017 (the Regulations) is to provide for eligible licensees to claim a 100 per cent rebate of television licence fees payable in the accounting period ending on 31 December 2016, or a day in 2017 other than 31 December. This ensures the policy objective of the Bill is achieved in the interim in the event it does not receive Royal Assent by 30 June 2017.

 

The Regulations are a legislative instrument for the purposes of the Legislation Act 2003 and commence on 30 June 2017.

 

Consultation

 

The Minister has consulted with commercial television broadcasting licensees on the Regulations, and they fully support the Regulations.

Notes on sections

The provisions of the Regulations, and how they operate, are described in Attachment A.


Statement of Compatibility with Human Rights

A statement of compatibility with human rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out in Attachment B.

Regulation Impact Statement

The Office of Best Practice Regulation has advised that a Regulation Impact Statement is not required for the Regulations (OBPR ID 20384).

 


ATTACHMENT A

 

Notes on the Television Licence Fees Amendment Regulations 2017

 

Section 1 - Name of Regulations

 

This section provides that the name of the Regulations is the Television Licence Fees Amendment Regulations 2017.

 

Section 2 - Commencement

 

This section provides for the whole of the Regulations to commence on 30 June 2017.

 

Section 3 - Authority

 

This section provides that the Regulations are made under the authority of the Television Licence Fees Act 1964.

 

Section 4 - Schedules

 

This section provides that each instrument that is specified in a Schedule to the Regulations is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the Regulations has effect according to its terms.

 

There is one Schedule to the Regulations. Schedule 1 amends the Television Licence Fees Regulations 1990 (the Principal Regulations).

 

Schedule 1 - Amendments

 

Item 1 - Regulation 21

 

Regulation 21 of the Principal Regulations sets out the accounting period to which the licence fee rebate scheme applies. Currently, the scheme applies to eligible licensees for the accounting period ending on a day in 2016.

 

Item 1 of Schedule 1 of the Regulations repeals and replaces existing regulation 21 to instead provide that the rebate scheme in Part 4 of the Principal Regulations was to apply to eligible licensees for the accounting period ending on 31 December 2016 or a day in 2017 other than 31 December.

 

Item 2 - Subregulation 23(2)

 

Subregulation 23(1) of the Principal Regulations provides that an eligible licensee may deduct the amount of the rebate from the fees payable for the accounting period mentioned in regulation 21. Subregulation 23(2) provides the amount of the rebate for the relevant accounting period is 25 per cent, and that the deadline for claiming the rebate is 31 December 2016.

 

Item 2 of Schedule 1 of the Regulations repeals and replaces subregulation 23(2) to provide that the amount for the rebate for the relevant accounting period was 100 per cent, and the deadline for claiming the rebate is 31 December 2017.

 

Item 3 - Regulation 24

 

Regulation 24 explains how a rebate under Part 4 is to be claimed by an eligible licensee if the licensee is also eligible for a digital conversion rebate under Part 3 of the Principal Regulations. 

 

Specifically, subregulation 24(1) provides that, if an eligible licensee claims a digital conversion rebate for the accounting period mentioned in regulation 21, the eligible licensee must deduct the amount of the digital conversion rebate before calculating the amount of the licence fee rebate. This prevents licensees from effectively claiming a 'double' rebate by ensuring the portion of licence fees to which the licence fee rebate percentage in subregulation 23(2) is applied is the lower amount after the digital conversion rebate is deducted, rather than the whole amount of licence fees payable.

 

Subregulation 24(2) provides that if a digital conversion rebate is greater or equal to a licensee's licence fees for an accounting period, the eligible licensee may not claim the licence fee rebate under new Part 4 for that accounting period.

 

Item 3 of Schedule 1 of the Regulations repeals regulation 24, as the increase of the licence fee rebate amount to 100 per cent made by item 2 renders it unnecessary to require eligible licensees to calculate and apply the digital conversion rebate first.  

 

Regardless of whether an eligible licensee is entitled to a digital conversion rebate, they will be entitled to a complete rebate of any licence fees payable in any case.


Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Television Licence Fees Amendment Regulations 2017

 

 

The purpose of the Television Licence Fees Amendment Regulations 2017 (the Regulations) is to provide for a 100 per cent rebate to be available for eligible commercial television broadcasting licensees for an accounting period ending on 31 December 2016, or a day in 2017 other than 31 December, in contemplation of the licence fees payable after 31 December 2016 being permanently abolished as soon as possible following 30 June 2017 (refer Schedule 5 to the Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017).

The effect of the Regulations is limited to holders of commercial broadcasting television licences. The Regulations have no impact on any natural persons in the capacity of licensee as only qualified companies are eligible to hold such licences.

The Regulations are 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 Regulations do not engage any of the applicable rights or freedoms, nor do they raise any human rights issues.

No human right issues were raised during consultation on the Regulations.

Conclusion

The Regulations are compatible with human rights as they do not raise any human rights issues.

 


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