Broadcasting (Limited Licences) Fees Act 1988

No. 142 of 1988

Act to provide for the payment of fees in respect of certain licences granted under the Broadcasting Act 1942

[Assented to 26 December 1988]

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

Short title

1. This Act may be cited as the Broadcasting (Limited Licences) Fees Act 1988.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

Incorporation of Broadcasting Act 1942

3. The Broadcasting Act 1942 is incorporated with this Act and shall be read as one with this Act.

Fees in respect of limited licences

4. 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.

Fees on grant and renewal

5. (1) 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.

(2) Without limiting subsection (1), regulations made for the purposes of that subsection may:

(a) prescribe as the amount of the fee the amount specified in the regulations; or

(b) prescribe a procedure in accordance with which the amount of the fee is to be ascertained.

(3) Without limiting paragraph (2) (b), regulations made for the purposes of subsection (1) may provide that the amount of the fee is to be ascertained in accordance with a system of tendering, bidding or auction.

(4) There is payable on the renewal of a limited licence a fee of an amount ascertained in accordance with the regulations.

Annual fee

6. (1) There is payable on each 1 January that occurs:

(a) during the period of a limited licence; or

(b) during the 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.

(2) Subsection (1) does not apply to a licence granted for a period of 12 months or less.

(3) Without limiting subsection (1), regulations made for the purposes of that subsection may:

(a) prescribe as the amount of the fee the amount specified in the regulations; or

(b) prescribe a procedure in accordance with which the amount of the fee is to be ascertained.

Regulations

7. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed in carrying out or giving effect to this Act.

[Minister’s second reading speech made in—

House of Representatives on 28 September 1988

Senate on 22 November 1988]