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Radio Licence Fees Act 1964

Act No. 119 of 1964 as amended, taking into account amendments up to Act No. 142 of 1997
An Act to provide for the payment of fees in respect of certain radio licences
Administered by: Broadband, Communications and the Digital Economy
Start Date 08 Oct 1997
End Date 30 Jun 2005
Date of repeal 01 Jan 2017
Repealed by Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017

RADIO LICENCE FEES ACT 1964



Making Information

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Radio Licence Fees Act 1964 Act No. 119 of 1964 as amended

This compilation was prepared on 23 April 2002
taking into account amendments up to Act No. 142 of 1997
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra



Long Title

An Act to provide for the payment of fees in respect of certain radio licences


RADIO LICENCE FEES ACT 1964
- SECT 1
Short title [see Note 1]

This Act may be cited as the Radio Licence Fees Act 1964.

RADIO LICENCE FEES ACT 1964
- SECT 2
Commencement [see Note 1]

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

RADIO LICENCE FEES ACT 1964
- SECT 3
Incorporation of Broadcasting Act

The Broadcasting Services Act 1992 is incorporated and shall be read as one with this Act.

RADIO LICENCE FEES ACT 1964
- SECT 4
Interpretation

(1)
In this Act, unless the contrary intention appears:

ABA means the Australian Broadcasting Authority established by the Broadcasting Services Act 1992.

gross earnings, in respect of a licence in respect of a period, means the gross earnings of the licensee during that period from the broadcasting, by the service provided under the licence, of advertisements or other material.

licence means:

(a)
a commercial radio broadcasting licence referred to in paragraph 5(1)(a),
(d)
or (f) of the Transitional Provisions Act; or
(b)
a commercial radio broadcasting licence allocated or renewed, whether before, on or after the commencement of this definition, under the Broadcasting Services Act 1992.
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.

RADIO LICENCE FEES ACT 1964
- SECT 5
Licence fees

There is payable to the Commonwealth by a licensee, by way of tax in respect of the licence, fees in accordance with sections 6 and 6A.


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RADIO LICENCE FEES ACT 1964
- SECT 6
Amount of fees

(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:

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(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:

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(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:

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(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:

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(e)
where those gross earnings are not less than $10,000,000—whichever is the lesser of 3.25% or the percentage ascertained in accordance with the formula:

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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 Radio 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 Radio Licence Fees Amendment Act 1997 received the Royal Assent, in accordance with subsection 205B(2) of the Broadcasting Services Act 1992;

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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)
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.

(5)
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.

RADIO LICENCE FEES ACT 1964
- SECT 6A
Change of accounting period—effect on fees payable

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:

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(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:

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(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:

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(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:

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(e) where A is not less than $10,000,000—whichever is the lesser of 3.25% or the percentage ascertained in accordance with the formula:

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where:

A is the amount ascertained in accordance with the formula:

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B is the number of dollars in the gross earnings in respect of the licence during the period; and

C is the number of days in the period."


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RADIO LICENCE FEES ACT 1964
- SECT 7
Earnings of subsidiary companies etc.

Where the ABA is of the opinion that:

(a)
an amount, or part of an amount, earned during any period by a person other than a licensee would, if the licensee and that person were the same person, form part of the gross earnings in respect of the licence in respect of that period for the purposes of this Act; and
(b)
a relationship exists between the licensee and the other person (whether by reason of any shareholding or of any agreement or arrangement, or for any other reason) of such a kind that the amount or the part of the amount, as the case may be, should, for the purposes of this Act, be treated as part of the gross earnings in respect of the licence in respect of that period;

the ABA may direct that the amount or the part of the amount, as the case may be, shall be so treated.

RADIO LICENCE FEES ACT 1964
- SECT 8
Regulations

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.

RADIO LICENCE FEES ACT 1964
Notes to the Radio Licence Fees Act 1964

Note 1

The Radio Licence Fees Act 1964 as shown in this compilation comprises Act No.  119, 1964 amended as indicated in the Tables below.

Table of Acts


Act


Number
and year


Date
of Assent


Date of commencement


Application, saving or transitional provisions


Broadcasting Stations Licence Fees Act 1964


119, 1964


24 Nov 1964


24 Nov 1964



Statute Law Revision (Decimal Currency) Act 1966


93, 1966


29 Oct 1966


1 Dec 1966



Broadcasting Stations Licence Fees Act 1973


148, 1973


22 Nov 1973


22 Aug 1973



Broadcasting Stations Licence Fees Amendment Act 1976


188, 1976


15 Dec 1976


1 Jan 1977



Broadcasting Stations Licence Fees Amendment Act 1977


94, 1977


22 Sept 1977


1 Sept 1977


S. 3(2)


Broadcasting Stations Licence Fees Amendment Act 1978


50, 1978


12 June 1978


12 June 1978


S. 4


Broadcasting Stations Licence Fees Amendment Act 1981


114, 1981


24 June 1981


24 June 1981 (see s. 2)



Broadcasting Stations Licence Fees Act 1981


168, 1981


2 Dec 1981


1 Sept 1981


S. 3(2)


Broadcasting Stations Licence Fees Amendment Act 1982


155, 1982


31 Dec 1982


31 Dec 1982 (see s. 2)



Broadcasting Stations Licence Fees Amendment Act 1983


58, 1983


12 Oct 1983


1 Sept 1983


S. 3(2)


Broadcasting Stations Licence Fees Amendment Act 1985


68, 1985


5 June 1985


1 Jan 1986


S. 11


Radio Licence Fees Amendment Act 1987


66, 1987


5 June 1987


14 Sept 1987 (see Gazette 1987, No. S231)


Ss. 7 and 8


Radio Licence Fees Amendment Act (No. 2) 1987


116, 1987


16 Dec 1987


16 Dec 1987


Ss. 8 and 9


Radio Licence Fees (National Metropolitan Radio Plan) Act 1988


144, 1988


26 Dec 1988


26 Dec 1988



Broadcasting Legislation Amendment Act 1988


146, 1988


26 Dec 1988


Part IV (ss. 51, 52): (a)



Radio Licence Fees Amendment Act 1991


184, 1991


6 Dec 1991


Ss. 3, 6 and 8: 1 Jan 1992
Ss. 7 and 9: 31 Dec 1992
Remainder: 3 Jan 1992


Ss. 3 and 11


Transport and Communications Legislation Amendment Act 1992


82, 1992


30 June 1992


Ss. 5(2), 6 and 7: 30 Dec 1992
Ss. 16, 18, 19, 20(1) and 21: (b)
Ss. 22-25: 1 Jan 1992
Remainder: Royal Assent


Ss. 25 and 26


Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992


105, 1992


9 July 1992


5 Oct 1992 (see
s. 2 and Gazette 1992, No. GN38)



Radio Licence Fees Amendment Act 1997


142, 1997


8 Oct 1997


Schedule 1 (items 1-3, 5-10): 8 Oct 1997
Schedule 1 (item 4): 5 Oct 1992 (c)



(a)

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The Radio Licence Fees Act 1964 was amended by Part IV (sections 51 and 52) only of the Broadcasting Legislation Amendment Act 1988, subsection 2(4) of which provides as follows:

(4) Sections 51 and 52 are to have commenced on 16 December 1987.

(b) The Radio Licence Fees Act 1964 was amended by Part 4 (sections 22-26) only of the Transport and Communications Legislation Amendment Act 1992, subsections 2(1) and (5) of which provide as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(5) Sections 22, 23, 24 and 25 are taken to have commenced on 1 January 1992.

(c) The Radio Licence Fees Act 1964 was amended by Schedule 1 only of the Radio Licence Fees Amendment Act 1997, subsections 2(1) and (2) of which provide as follows:

(1) Subject to subsection (2), sections 1, 2 and 3, and the items of Schedule 1 other than item 4, commence on the day on which this Act receives the Royal Assent.
(2) Item 4 of Schedule 1 is taken to have commenced on 5 October 1992.

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected


How affected


Title


am. No. 114, 1981



rs. No. 68, 1985


S. 1


am. No. 68, 1985


S. 3


am. No. 114, 1981; No. 68, 1985; No. 105, 1992


S. 4


am. No. 68, 1985; No. 66, 1987; No. 146, 1988; No. 184,1991; No. 105, 1992; No. 142, 1997


S. 5


am. No. 114, 1981; No. 68, 1985; No. 66, 1987; No. 142, 1997


S. 6


am. No. 93, 1966



rs. No. 148, 1973



am. No. 188, 1976; No. 94, 1977; No. 50, 1978; Nos. 114 and 168, 1981; No. 58, 1983; No. 68, 1985; Nos. 66 and 116, 1987; No. 184, 1991; Nos. 82 and 105, 1992; No. 142, 1997


S. 6A


ad. No. 66, 1987



am. No. 116, 1987; No. 184, 1991; No. 82, 1992


S. 6B


ad. No. 116, 1987



rs. No. 184, 1991



rep. No. 142, 1997


S. 6BA


ad. No. 184, 1991



rep. No. 142, 1997


S. 6C


ad. No. 144, 1988



rep No. 142, 1997


S. 7


am. No. 68, 1985; No. 142, 1997


S. 8


ad. No. 114, 1981



am. No. 155, 1982



rep. No. 68, 1985



ad. No. 116, 1987