Television Licence Fees Amendment Act (No. 3) 1987

No. 117 of 1987

An Act to amend the Television Licence Fees Act 1964, and for related purposes

[Assented to 16 December 1987]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.

1. (1) This Act may be cited as the Television Licence Fees Amendment Act (No. 3) 1987.

(2) In this Act, “Principal Act” means the Television Licence Fees Act 19641.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Amount of fees

3. Section 6 of the Principal Act is amended:

(a) by omitting from paragraph (2a) (f) “or”; and

(b) by omitting paragraph (2a) (g) and substituting the following paragraphs:

“(g) where those gross earnings are not less than $45,000,000 but are less than $75,000,000—the percentage ascertained in accordance with the formula:

; or

(h) where those gross earnings are not less than $75,000,000— whichever is the lesser of 9% or the percentage ascertained in accordance with the formula:

;”.

Change of accounting period—effect on fees payable

4. Section 6a of the Principal Act is amended:

(a) by omitting “or” from the paragraph (2a) (f) set out in paragraph (e) of that section; and

(b) by omitting the paragraph (2a) (g) set out in paragraph (e) of that section and substituting the following paragraphs:

“(g) where A is not less than $45,000,000 but is less than $75,000,000—the percentage ascertained in accordance with the formula:

; or

(h) where A is not less than $75,000,000—whichever is the lesser of 9% or the percentage ascertained in accordance with the formula:

;”.

Amendments of Television Stations Licence Fees Act 1964 as in force immediately before 1 January 1986 for the purposes of its continued application to old system licences

5. Without prejudice to the effect that sections 3 and 4 have apart from this section, those sections also have effect, for the purpose of the continued application, by virtue of section 11 of the Television Stations Licence Fees Amendment Act 1985, of the Television Stations Licence Fees Act 1964 as in force immediately before 1 January 1986, as if references in those sections to the Principal Act were references to the Television Stations Licence Fees Act 1964 as in force immediately before 1 January 1986.

Application

6. (1) Subject to subsection (2), the amendments made by sections 3 and 4 apply in relation to an anniversary (whether occurring before or after the commencement of this Act) of the date of commencement of a licence if, and only if, the due date (within the meaning of section 123a of the Broadcasting Act 1942) in respect of the fee payable on that anniversary occurs on or after 1 January 1988.

(2) The amendments made by sections 3 and 4 by virtue of section 5, apply in relation to an anniversary (whether occurring before or after the commencement of this Act) of the date of commencement of a licence if, and only if, the due date (within the meaning of section 106aa of the Broadcasting and Television Act 1942 as in force immediately before 1 January 1986) in respect of the fee payable on that anniversary occurs on or after 1 January 1988.

NOTE

1. No. 118, 1964, as amended. For previous amendments, see No. 93, 1966; Nos. 37, 103 and 189, 1976; No. 96, 1977; No. 51, 1978; No. 169, 1981; No. 156, 1982; No. 59, 1983; No. 69, 1985; and Nos. 14 and 67, 1987.

[Minister’s second reading speech made in—

House of Representatives on 28 October 1987

Senate on 19 November 1987]