RADIO LICENCE FEES ACT 1964
- Reprinted as at 31 May 1989 (HISTACT CHAP 913 #DATE 31:05:1989)
*1*The Radio Licence Fees Act 1964 as shown in this reprint comprises Act No.
119, 1964 amended as indicated in the Tables below.
Table of Acts
Act
Number Date of Date of commencement Application,
and year Assent 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 1 Sept 1977 S. 3 (2)
1977
Broadcasting Stations Licence Fees Amendment Act 1978
50, 1978 12 June 12 June 1978 S. 4
1978
Broadcasting Stations Licence Fees Amendment Act 1981
114, 1981 24 June 24 June 1981 (see s. 2) -
1981
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 Gazette1987, Ss. 7 and
No. S231, p. 1) 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 and 52): (a) -
______________________________________________________________________________
__ (a) 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.'
Table of Amendments
ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substituted
______________________________________________________________________________
__ Provision affected
How affected
Title am. No. 114, 1981rs. No. 68, 1985
S. 1 am. No. 68, 1985
S. 3 am. No. 114, 1981; No. 68, 1985
S. 4 am. No. 68, 1985; No. 66, 1987; No. 146, 1988
S. 5 am. No. 114, 1981; No. 68, 1985; No. 66, 1987
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
S. 6A ad. No. 66, 1987am. No. 116, 1987
S. 6B ad. No. 116, 1987
S. 6C ad. No. 144, 1988
S. 7 am. No. 68, 1985
S. 8 ad. No. 114, 1981
am. No. 155, 1982
rep. No. 68, 1985
ad. No. 116, 1987
RADIO LICENCE FEES ACT 1964 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
1. Short title
2. Commencement
3. Incorporation of Broadcasting Act
4. Interpretation
5. Licence fees
6. Amount of fees
6A. Change of accounting period-effect on fees payable
6B. Fee in respect of licence on conversion from AM to FM
6C. Fee in respect of licence on conversion from AM to FM as part
7. Earnings of subsidiary companies etc.
8. Regulations
RADIO LICENCE FEES ACT 1964 - LONG TITLE
SECT
An Act to provide for the payment of fees in respect of certain radio licences
RADIO LICENCE FEES ACT 1964 - SECT 1
Short title
SECT
1. This Act may be cited as the Radio Licence Fees Act 1964.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
RADIO 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 .
RADIO LICENCE FEES ACT 1964 - SECT 3
Incorporation of Broadcasting Act
SECT
3. The Broadcasting Act 1942 is incorporated and shall be read as one with
this Act.
RADIO LICENCE FEES ACT 1964 - SECT 4
Interpretation
SECT
4.(1) In this Act-
'Broadcasting Act' means the Broadcasting Act 1942;
'gross earnings', in respect of a licence in respect of a period, means:
(a) in a case to which paragraph (b) does not apply-the gross
earnings
of the licensee during that period from the broadcasting, pursuant to the
licence, of advertisements or other material; or
(b) in the case of a licence to which subsection 81 (6) of the
Broadcasting Act 1942 applies-the aggregate amount of the gross earnings
during that period from the broadcasting of material pursuant to the licence
of advertisements or other material of all persons who, at any time during
that period, are co-owners of the licence;
'licence' means a commercial radio licence, a remote radio licence or a
supplementary radio licence.
(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
SECT
5. There is payable to the Commonwealth by a licensee, by way of tax in
respect of his licence, fees in accordance with sections 6 and 6A.
RADIO LICENCE FEES ACT 1964 - SECT 6
Amount of fees
SECT
6.(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 $500.
(1A) Where, on or after 1 March 1987, a notice in respect of a commercial
radio licence is or was published in the Gazette under subsection 82 (1) of
the Broadcasting Act, there is payable on the grant of the licence a fee of an
amount equal to the amount specified in the notice published under subsection
82AA (1) of that Act in relation to the licence.
(1B) The fee payable under subsection (1A) is in addition to the fee payable
under subsection (1).
(2) Subject to section 6A, there is payable on each anniversary of the date
of commencement of a licence that occurs during the period of the licence, or
during the period of 24 months immediately following the end of the period of
the licence, 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 ended on 30
June last preceding that anniversary.
(2A) In sub-section (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-
A
0.5 + 0.6 x ------------;
1,000,000
(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-
A-5,000,000
3.5 + 0.9 x ------------;
1,000,000
(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-
A-6,000,000
4.4. + 0.8 x ------------;
1,000,000
(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-
A-7,000,000
5.3 + 0.3 x -------------; or
1,000,000
(e) where those gross earnings are not less than $10,000,000- whichever is
the lesser of 6.5% or the percentage ascertained in accordance with the
formula-
A-10,000,000
6.2 + 0.2 x --------------,
1,000,000
where A is the number of dollars in those gross earnings.
(3) Where a licensee has, in accordance with sub-section 123 (2) of the
Broadcasting Act 1942, adopted an accounting period ending on a day other than
30 June, the reference in sub-section (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
SECT
6A. Where:
(a) a fee is payable under this Act on an anniversary of the date of
commencement of the licence, being a fee that is calculated by reference to
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 this Act on the
next
anniversary of the date of commencement of the licence, being a fee calculated
by reference to 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:
A
0.5 + 0.6 x ----------;
1,000,000
(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:
A-5,000,000
3.5 + 0.9 x -----------;
1,000,000
(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:
A-6,000,000
4.4 + 0.8 x -----------;
1,000,000
(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:
A-7,000,000
5.3 + 0.3 x -----------;
1,000,000
(e) where A is not less than $10,000,000-whichever is the less er of
6.5% or the percentage ascertained in accordance with the formula:
A-10,000,000
6.2 + 0.2 x ------------;
1,000,000
where:
A is the amount ascertained in accordance with the formula
365
B x ---;
C
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.'
RADIO LICENCE FEES ACT 1964 - SECT 6B
Fee in respect of licence on conversion from AM to FM
SECT
6B.(1) Where:
(a) the licence warrant granted in respect of a non-metropolitan
commercial
radio licence (in this section called the 'existing licence') authorises
medium frequency transmission but not very high frequency transmission;
(b) the Minister, on or after 1 March 1987, published or publishes a
notice
under subsection 82 (1) of the Broadcasting Act in relation to the proposed
grant of a commercial radio licence (in this subsection called the 'new
licence') whose service area is substantially the same as that of the existing
licence; and
(c) the licensee of the existing licence requests the Minister to vary the
technical conditions of the licence warrant in respect of the existing licence
under subsection 89D (6) of the Broadcasting Act so as to authorise very high
frequency transmission;
there is payable in respect of the existing licence, on the variation of the
technical conditions pursuant to the request, a fee of an amount equal to 50%
of the amount specified in the notice published under subsection 82AA (1) of
the Broadcasting Act in relation to the new licence.
(2) For the purposes of this section, a commercial radio licence is a large
city licence if:
(a) the service area of the licence includes the general post office or
main
post office of a city or town; and
(b) the population of the statistical district or statistical division for
the city or town exceeds 800,000, or such higher figure as is prescribed for
the purposes of this subsection.
(3) In this section:
'medium frequency band' means the band designated in the Spectrum Plan as
the medium frequency or MF band;
'medium frequency transmission' means the operation of a radiocommunications
transmitter or transmitters for the purpose of transmission of programs in the
medium frequency band;
'non-metropolitan commercial radio licence' means a commercial radio licence
other than a large city licence;
'Spectrum Plan' has the same meaning as in Part IV of the
Radiocommunications Act 1983 ;
'very high frequency band' means the band designated in the Spectrum Plan as
the very high frequency or VHF band;
'very high frequency transmission' means the operation of a
radiocommunications transmitter or transmitters for the purpose of
transmission of programs in the very high frequency band.
RADIO LICENCE FEES ACT 1964 - SECT 6C
Fee in respect of licence on conversion from AM to FM as part of the National
Metropolitan Radio Plan
SECT
6C.(1) Where the Minister converts an AM commercial radio licence to FM
pursuant to an application made under section 89DAE of the Broadcasting Act,
there is payable in respect of the licence, upon the conversion, a fee of an
amount equal to the amount ascertained in accordance with the formula:
B-V
where:
B is the amount of the bid made by the licensee, pursuant to paragraph
89DAE
(2) (c) of the Broadcasting Act, for conversion of the licence to FM ; and
V is the transmission facilities value.
(2) The amount of the deposit paid by the licensee pursuant to subsection
89DAE (8) of the Broadcasting Act in relation to the application shall be set
off against the licensee's liability for the fee imposed by subsection (1).
RADIO LICENCE FEES ACT 1964 - SECT 7
Earnings of subsidiary companies etc.
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 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 Minister 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
SECT
8. 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.