Federal Register of Legislation - Australian Government

Primary content

Broadcasting Stations Licence Fees Act 1964

Act No. 119 of 1964 as amended, taking into account amendments up to Act No. 50 of 1978
Registered 23 Nov 2009
Start Date 12 Jun 1978
End Date 23 Jun 1981
Date of repeal 01 Jan 2017
Repealed by Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017

BROADCASTING STATIONS LICENCE FEES ACT 1964 - Incorporating all amendments by
legislation made to 31 December 1979
- Reprinted as at 31 December 1979 (HISTACT CHAP 372 #DATE 31:12:1979)

*1* The Broadcasting Stations Licence Fees Act 1964 (a) as shown in this reprint comprises Act No. 119, 1964 as amended by the other Acts specified in the
following table:
----------------------------------------------------------------------------
Act Number
and year Date of
Assent Date of
commencement
----------------------------------------------------------------------------
Broadcasting Stations
Licence Fees Act 1964 No. 119, 1964 24 Nov 1964 24 Nov 1964
Statute Law Revision
(Decimal Currency) Act 1966 No. 93, 1966 29 Oct 1966 1 Dec 1966
Broadcasting Stations
Licence Fees Act 1973 No. 148, 1973 22 Nov 1973 22 Aug 1973
Broadcasting Stations
Licence Fees Amendment Act
1976 No. 188, 1976 15 Dec 1976 1 Jan 1977
Broadcasting Stations
Licence Fees Amendment Act
1977 No. 94, 1977 22 Sept 1977 1 Sept 1977
Broadcasting Stations
Licence Fees Amendment Act
1978 No. 50, 1978 12 June 1978 12 June 1978
----------------------------------------------------------------------------
(a) This citation is provided for by the Amendments Incorporation Act 1905
and the Acts Citation Act 1976.

BROADCASTING STATIONS LICENCE FEES ACT 1964 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS


Section

1. Short title

2. Commencement

3. Incorporation of Broadcasting and Television Act

4. Interpretation

5. Licence fees

6. Amount of fees

7. Earnings of subsidiary companies, &c.


-----------


BROADCASTING STATIONS LICENCE FEES ACT 1964 - LONG TITLE.

SECT

An Act to provide for the payment of Fees in respect of Licences for Commercial
Broadcasting Stations

BROADCASTING STATIONS LICENCE FEES ACT 1964 - SECT. 1.
Short title.

SECT

1. This Act may be cited as the Broadcasting Stations Licence Fees Act 1964.*1*


See notes to first article of this Chapter.

BROADCASTING STATIONS LICENCE FEES ACT 1964 - SECT. 2.
Commencement.

SECT

2. This Act shall come into operation on the day on which it receives the Royal Assent.*1*


See notes to first article of this Chapter.

BROADCASTING STATIONS LICENCE FEES ACT 1964 - SECT. 3.
Incorporation of Broadcasting and Television Act.

SECT

3. The Broadcasting and Television Act 1942-1964 is incorporated and shall be read as one with this Act.


BROADCASTING STATIONS LICENCE FEES ACT 1964 - SECT. 4.
Interpretation.

SECT

4. (1) In this Act-

" gross earnings ", in relation to a commercial broadcasting station in respect of a period, means the gross earnings of the licensee of the station during that period in respect of the broadcasting from the station of advertisements or other matter, including the gross earnings of the licensee during that period in respect of the provision by him of, or otherwise in respect of, matter broadcast from the station;

" licence " means a licence in respect of a commercial broadcasting station.


(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.


BROADCASTING STATIONS LICENCE FEES ACT 1964 - SECT. 5.
Licence fees.

SECT

5. There is payable to the Commonwealth by the licensee of a commercial broadcasting station, in respect of his licence, fees in accordance with the next succeeding section.


BROADCASTING STATIONS LICENCE FEES ACT 1964 - SECT. 6.
Amount of fees.

Sub-section (1) substituted by No. 94, 1977, s. 3.

SECT

6.*2* (1) There is payable on the grant of a licence, not being a grant by way of the renewal of a licence, a fee of $200.


Substituted by No. 94, 1977, s. 3; amended by No. 50, 1978, s. 3.

SECT

*2*, *3* (2) There is payable on each anniversary of the date of commencement of a licence that occurs during the period of the licence (including any period of renewal or further renewal of the licence) a fee of $200 together with-

(a) an amount equal to 1 per centum of such part of the gross earnings of the station to which the licence relates during the year ended on 30 June last preceding that anniversary as does not exceed $500,000;

(b) an amount equal to 11/2 per centum of such part of those gross earnings as exceeds $500,000 but does not exceed $1,000,000;

(c) an amount equal to 2 per centum of such part of those gross earnings as exceeds $1,000,000 but does not exceed $1,500,000;

(d) an amount equal to 21/2 per centum of such part of those gross earnings as exceeds $1,500,000 but does not exceed $2,000,000;

(e) an amount equal to 3 per centum of such part of those gross earnings as exceeds $2,000,000 but does not exceed $2,500,000;

(f) an amount equal to 31/2 per centum of such part of those gross earnings as exceeds $2,500,000 but does not exceed $3,000,000;

(g) an amount equal to 4 per centum of such part of those gross earnings as exceeds $3,000,000 but does not exceed $3,500,000;

(h) an amount equal to 41/2 per centum of such part of those gross earnings as exceeds $3,500,000 but does not exceed $4,000,000;

(j) an amount equal to 5 per centum of such part of those gross earnings as exceeds $4,000,000 but does not exceed $4,500,000;

(k) an amount equal to 51/2 per centum of such part of those gross earnings as exceeds $4,500,000 but does not exceed $5,000,000; and

(l) an amount equal to 6 per centum of such part of those gross earn ings as exceeds $5,000,000.


Amended by No. 188, 1976, s. 3.

SECT

(3) Where the licensee of a commercial broadcasting station has, in accordance with sub-section 106 (2) of the Broadcasting and Television Act 1942-1973, adopted an accounting period ending on a day other than 30 June, the reference in sub-section (2) to 30 June shall, in relation to that station, be read as a reference to that other day.


*2* Sub-sections 6 (1) and (2) were substituted by sub-section 3 (1) of the
Broadcasting Stations Licence Fees Amendment Act 1977. Sub-section 3 (2) of that Act provides as follows:

"(2) The amendment made by sub-section (1) shall be deemed to have applied,
or applies, as the case may be, in relation to-

(a) every grant of a licence that was or is to commence on or after the date of commencement of this Act; and

(b) every anniversary of the date of commencement of a licence, being an
anniversary that occurred or occurs on or after the date of commencement of this Act."
*3* Sub-section 6 (2) was amended by section 3 of the Broadcasting Stations Licence Fees Amendment Act 1978. Section 4 of that Act provides as follows: "4. On and after the date of commencement of this Act, the provisions of sub-section 6 (2) of the Principal Act as amended by this Act extend to a licence granted before that date, whether or not it was renewed before that date."

BROADCASTING STATIONS LICENCE FEES ACT 1964 - SECT. 7.
Earnings of subsidiary companies, &c.

SECT

7. Where the Minister is of the opinion that-

(a) an amount, or part of an amount, earned during any period by a person other than the licensee of a commercial broadcasting station would, if the licensee and that person were the same person, form part of the gross earnings of the station 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 of the station in respect of that period,

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


------------------------------------------------------------------------------ --