Statutory Rules 1992 No. 1261
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Broadcasting (Limited Licences) Fees Regulations 2 (Amendment)
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Broadcasting Act 1942 and the Broadcasting (Limited Licences) Fees Act 1988.
Dated 7 May 1992.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
GRAHAM RICHARDSON
Minister of State for Transport and Communications
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1. Amendment
1.1 The Broadcasting (Limited Licences) Fees Regulations are amended as set out in these Regulations.
[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48]
2. Regulation 1 (Citation)
2.1 Omit “Fees”.
3. Regulation 2 (Interpretation)
3.1 Insert the following definitions:
“‘broadcasts on an AM frequency’ means broadcasts using amplitude modulation on the medium frequency band;
‘racing’ means:
(a) thoroughbred horse racing; or
(b) harness horse racing; or
(c) greyhound racing; or
(d) any other form of racing;
‘racing and betting information’ means the following information:
(a) descriptions of the running of races;
(b) race results;
(c) information about TAB dividends payable in respect of winners and placegetters;
(d) pre-race information, including:
(i) the form of the runners; and
(ii) tips about the runners; and
(iii) the names of runners that have been scratched; and
(iv) the betting odds being offered on the runners;
(e) information about forthcoming race meetings;
(f) information about other activities or events in relation to which a TAB established under a law in force in a State or Territory is legally authorised to accept bets from the public;
(g) information incidental to the matters contained in paragraphs (a), (b), (c), (d), (e) and (f) including:
(i) interviews; and
(ii) commentaries; and
(iii) news;
about aspects of racing and betting;
‘racing and betting information licence’ means a limited licence granted for the broadcast by radio of, primarily, racing and betting information;
‘TAB’ means Totalisator Agency Board or Totalisator Administration Board;”.
4. New Part 5
4.1 After Part 4, add:
“PART 5—RACING AND BETTING INFORMATION LICENCES
Racing and betting information licences
“11. For the purposes of subsection 81c (1) of the Broadcasting Act, broadcasting racing and betting information is a purpose for which a limited licence may be granted.
Qualifications of licensees
“12. For the purposes of paragraph 81c (2) (a) of the Broadcasting Act, before the Tribunal grants a racing and betting information licence, the Tribunal must be satisfied that the applicant:
(a) has the management, financial and other resources necessary to provide the service to which the licence applies; and
(b) has, or is able to gain, access to an appropriate range of information about racing and betting or about other activities or events in relation to which a TAB established under a law in force in a State or Territory is authorised to accept bets from the public.
Additional conditions that apply to racing and betting information licences
“13. (1) A person who has been granted a racing and betting information licence must broadcast, primarily, racing and betting information.
“(2) During intervals between the broadcast of racing and betting information, the person may broadcast prerecorded music.
Fees for grant of racing and betting information licence
“14. (1) The fee in dollars payable on the grant of a racing and betting information licence for broadcasts on an FM frequency must be ascertained in accordance with the formula:
(6,700 x watts) + (900 x large transmitters) + (750 x medium transmitters) + (600 x small transmitters)
where:
‘watts’ is the total wattage of effective radiated power, expressed in kilowatts, of all the transmitters to be operated under the licence;
‘large transmitters’ is the number of transmitters with an effective radiated power of more than 250 watts to be used for the purposes of the licence;
‘medium transmitters’ is the number of transmitters with an effective radiated power of more than 100 watts and not more than 250 watts to be used for the purposes of the licence;
‘small transmitters’ is the number of transmitters with an effective radiated power of not more than 100 watts to be used for the purposes of the licence.
“(2) The fee in dollars payable on the grant of a racing and betting information licence for broadcasts on an AM frequency must be ascertained in accordance with the formula:
(33,500 x watts) + (900 x large transmitters)+ (600 x small transmitters)
where:
‘watts’ is the total wattage of effective radiated power, expressed in kilowatts, of all the transmitters to be operated under the licence;
‘large transmitters’ is the number of transmitters with an effective radiated power of more than 500 watts to be used for the purposes of the licence;
‘small transmitters’ is the number of transmitters with an effective radiated power of not more than 500 watts to be used for the purposes of the licence.
Fees for variation of racing and betting information licence
“15. (1) If, after the grant of a licence, a licensee proposes to increase the number of transmitters using an FM frequency for the purposes of the licence during the licence period, the fee in dollars payable for varying the licence must be ascertained in accordance with the following formula:
(6,700 x watts) + (900 x large transmitters) + (750 x medium transmitters) + (600 x small transmitters)
where:
‘watts’ is the total wattage of effective radiated power, expressed in kilowatts, of all the extra transmitters to be operated under the licence;
‘large transmitters’ is the number of extra transmitters with an effective radiated power of more than 250 watts to be used for the purposes of the licence;
‘medium transmitters’ is the number of extra transmitters with an effective radiated power of more than 100 watts and not more than 250 watts to be used for the purposes of the licence;
‘small transmitters’ is the number of extra transmitters with an effective radiated power of not more than 100 watts to be used for the purposes of the licence.
“(2) If, after the grant of a licence, a licensee proposes to increase the number of transmitters for broadcasts on an AM frequency for the purposes of the licence during the licence period, the fee in dollars payable for varying the licence must be ascertained in accordance with the following formula:
(33,500 x watts) + (900 x large transmitters)
+ (600 x small transmitters)
where:
‘watts’ is the total wattage of effective radiated power, expressed in kilowatts, of all the transmitters to be operated under the licence;
‘large transmitters’ is the number of extra transmitters with an effective radiated power of more than 500 watts to be used for the purposes of the licence;
‘small transmitters’ is the number of extra transmitters with an effective radiated power of not more than 500 watts to be used for the purposes of the licence.
“(3) If a licensee proposes to increase the power of any transmitter to which a racing and betting information licence for broadcasts on an FM frequency relates, an additional fee is payable ascertained in accordance with the formula:
(900 x large transmitters) + (750 x medium transmitters)
+ (600 x small transmitters)
where:
‘large transmitters’ is the number of transmitters whose power is to be increased to an effective radiated power of more than 250 watts;
‘medium transmitters’ is the number of transmitters whose power is to be increased to an effective radiated power of more than 100 watts and not more than 250 watts;
‘small transmitters’ is the number of transmitters whose power is to be increased to an effective radiated power of not more than 100 watts.
“(4) If a licensee proposes to increase the power of any transmitter to which a racing and betting information licence for broadcasts on an AM frequency relates, an additional fee is payable in dollars ascertained in accordance with the formula:
(900 x large transmitters) + (600 x small transmitters)
where:
‘large transmitters’ is the number of transmitters whose power is to be increased to an effective radiated power of more than 500 watts;
‘small transmitters’ is the number of transmitters whose power is to be increased to an effective radiated power of not more than 500 watts.
Fee for renewal of racing and betting information licence
“16. The fee for renewal of a racing and betting information licence is $100.
Annual fees for racing and betting information licence
“17. (1) The annual fee in dollars payable for a racing and betting information licence for broadcasts on an FM frequency must be ascertained in accordance with the formula:
(900 x large transmitters)+ (750 x medium transmitters)
+ (600 x small transmitters)
where:
‘large transmitters’ is the number of transmitters with an effective radiated power of more than 250 watts to be used for the purposes of the licence;
‘medium transmitters’ is the number of transmitters with an effective radiated power of more than 100 watts and not more than 250 watts to be used for the purposes of the licence;
‘small transmitters’ is the number of transmitters with an effective radiated power of not more than 100 watts to be used for the purposes of the licence.
“(2) The annual fee in dollars payable for a racing and betting information licence for broadcasts on an AM frequency must be ascertained in accordance with the formula:
(900 x large transmitters) + (600 x small transmitters)
where:
‘large transmitters’ is the number of transmitters with an effective radiated power of more than 500 watts to be used for the purposes of the licence;
‘small transmitters’ is the number of transmitters with an effective radiated power of not more than 500 watts to be used for the purposes of the licence.
“(3) The annual fee for a licence is payable in addition to any renewal fee that is payable for the licence.”.
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NOTES
1. Notified in the Commonwealth of Australia Gazette on 14 May 1992.
2. Statutory Rules 1991 No. 80.