Transitional Provisions Act means the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992.

(2)

Where, in connexion with any transaction, any consideration is paid or given otherwise than in cash, the money value of that consideration shall, for the purposes of this Act, be deemed to have been paid or given.

(1)

Subject to subsection (2), there is payable to the Commonwealth by a licensee, by way of tax in respect of the licence, fees in accordance with sections 6, 6A and 6B.

(2)

The regulations may make provision for rebates of fees payable by licensees.

(2)

Subject to section 6A, there is payable by a licensee:

(a)

on each 31 December that occurs during the period of the licence; and

(b)

on:

(i)

if the licence's period ends on a 31 December or a day within the first 6 months of a calendar year—the first 31 December after the licence's period; or

(ii)

if the licence's period ends on any other day in a calendar year—each 31 December that occurs during the 18 months immediately following the licence's period;

a fee of an amount equal to the relevant percentage of the gross earnings in respect of the licence during the period of one year ending on the 30 June last preceding the 31 December.

(2A)

In subsection (2), relevant percentage, in relation to the gross earnings in respect of a licence during a period, means:

(a)

where those gross earnings are less than $5,000,000—the percentage ascertained in accordance with the formula:

(b)

where those gross earnings are not less than $5,000,000 but are less than $6,000,000—the percentage ascertained in accordance with the formula:

(c)

where those gross earnings are not less than $6,000,000 but are less than $7,000,000—the percentage ascertained in accordance with the formula:

(d)

where those gross earnings are not less than $7,000,000 but are less than $10,000,000—the percentage ascertained in accordance with the formula:

(e)

where those gross earnings are not less than $10,000,000 but are less than $20,000,000—the percentage ascertained in accordance with the formula:

(f)

where those gross earnings are not less than $20,000,000 but are less than $45,000,000—the percentage ascertained in accordance with the formula:

(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:

(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:

where A is the number of dollars in those gross earnings.

(3)

If a licensee:

(a)

had, before the commencement of the Transitional Provisions Act, in accordance with the Broadcasting Act 1942; or

(b)

had, before the day on which the Television Licence Fees Amendment Act 1997 received the Royal Assent, in accordance with subsection 123(2) of the Broadcasting Act 1942 as applied by section 22 of the Transitional Provisions Act; or

(c)

has, on or after the day on which the Television Licence Fees Amendment Act 1997 received the Royal Assent, in accordance with subsection 205B(2) of the Broadcasting Services Act 1992;

adopted an accounting period ending on a day other than 30 June, the reference in subsection (2) of this section to 30 June shall, in relation to the licence, be read as a reference to that other day.

(4)

A reference in subsection (2) to a licence shall be read as including a reference to a licence granted before the commencement of this Act.

(4A)

For the purposes of subsection (2), the period of a licence shall be taken to include any period of renewal or further renewal of the licence.

(5)

Where the amount of the gross earnings in respect of a licence during a period consists of a number of dollars and a number of cents, then, for the purposes of this section, the cents shall be disregarded.

Where:

(a)

a fee is payable under subsection 6(2) on a 31 December in respect of earnings during a period (in this section referred to as the first fee period);

(b)

a fee would, but for this section, be payable under that subsection on the next 31 December in respect of earnings during a period (in this section referred to as the second fee period); and

(c)

by reason of a change in the accounting period used by the licensee, the second fee period commences before or does not commence immediately after the end of the first fee period;

section 6 applies in relation to the fee payable on the anniversary referred to in paragraph (b) as if:

(d)

references in that section to a period of one year ending on a day were references to the period commencing immediately after the end of the first fee period and ending on the day on which the second fee period ends; and

(e)

subsection 6(2A) were omitted and the following subsection were substituted:

"(2A) In subsection (2), relevant percentage, in relation to gross earnings in respect of a licence during a period, means:

(a) where A is less than $5,000,000—the percentage ascertained in accordance with the formula:

(b) where A is not less than $5,000,000 but is less than $6,000,000—the percentage ascertained in accordance with the formula:

(c) where A is not less than $6,000,000 but is less than $7,000,000—the percentage ascertained in accordance with the formula:

(d) where A is not less than $7,000,000 but is less than $10,000,000—the percentage ascertained in accordance with the formula:

(e) where A is not less than $10,000,000 but is less than $20,000,000—the percentage ascertained in accordance with the formula:

(f) where A is not less than $20,000,000 but is less than $45,000,000—the percentage ascertained in accordance with the formula:

(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:

(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:

where: