RADIO LICENCE FEES ACT 1964
- Reprinted as at 30 June 1993 (#DATE 30:06:1993)
*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 Date Date of Application
Number and of assent commencement saving or
year 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) -
(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."
(b) "(4)Sections 16, 18 and 19, subsection 20 (1) and section 21 are
taken to have commenced immediately after the commencement of the Broadcasting
Amendment Act (No. 2) 1991 (other than sections 19, 20 and 21 of that Act)."
Sections 1-18 and 22-26 of the Broadcasting Amendment Act (No. 2) 1991
commenced on 3 January 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
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;
No. 184, 1991; Nos. 82 and 105, 1992
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
S. 6BA ad. No. 184, 1991
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
Section
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. FM access fees
6BA. Amount of FM access fee
6C. Fee in respect of licence on conversion from AM to FM
as part of the National Metropolitan Radio Plan
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 Services Act 1992 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, unless the contrary intention appears:
"FM access fee" means the fee payable in respect of a licence under section
6B;
"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,
pursuant to the licence, of advertisements or other material;
"licence" means a commercial radio broadcasting licence referred to in
paragraph 5 (1) (b), (d) or (f) of the Transitional Provisions Act;
"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
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.
(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:
0.25 + (0.3 x A )
( 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:
1.75 + (0.45 x A - 5,000,000)
( 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:
2.2 + (0.4 x A - 6,000,000)
( 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:
2.65 + (0.15 x A - 7,000,000)
( 1,000,000 );
(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:
3.1 + (0.1 x A - 10,000,000)
( 1,000,000 );
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) has, in accordance with subsection 123 (2) of the Broadcasting Act 1942
as applied by section 22 of the Transitional Provisions Act;
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
SECT
6A. 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:
0.25 + (0.3 x A )
( 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:
1.75 + (0.45 x A - 5,000,000)
( 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:
2.2 + (0.4 x A - 6,000,000)
( 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:
2.65 + (0.15 x A - 7,000,000)
( 1,000,000 );
(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:
3.1 + (0.1 x A - 10,000,000)
( 1,000,000 );
where:
A is the amount ascertained in accordance with the formula
B x 365
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
FM access fees
SECT
6B. If a person is given:
(a) a notice under section 83G of the Broadcasting Act in respect of the
granting of a non-metropolitan FM commercial radio licence within the meaning
of Part IIIB of the Broadcasting Act; or
(b) a notice under section 83H of that Act in respect of the granting of a
non-metropolitan supplementary radio licence within the meaning of that Part;
or
(c) a notice under section 83J of that Act in respect of the conversion to
FM of a non-metropolitan AM commercial radio licence within the meaning of
that Part;
then, on the day the notice is given, there is payable to the Commonwealth by
that person, by way of tax in respect of the licence, a fee, to be known as an
FM access fee, of an amount determined under section 6BA and specified in the
notice.
RADIO LICENCE FEES ACT 1964 - SECT 6BA
Amount of FM access fee
SECT
6BA. (1) In this section:
"area licence", in relation to a proposed licence, means a commercial radio
licence, or a supplementary radio licence, whose service area is substantially
the same as the service area of the proposed licence and, if the proposed
licence is a converted licence, includes the proposed licence;
"commencement day" means:
(a) in relation to a licence or proposed licence, other than a converted
licence - the day on which the service provided under the licence commences in
accordance with a determination made under section 96 of the Broadcasting Act;
or
(b) in relation to a converted licence - the day on which the service
authorised by the licence's varied licence warrant commences in accordance
with a determination made under section 96 of the Broadcasting Act;
"converted licence" means a licence described in paragraph 6B (c);
"declared gross earnings", in relation to a licence, means the amount of
annual gross earnings for that licence stated in an earnings declaration;
"declared most recent gross earnings", in relation to a licence, means the
declared gross earnings for the licence in respect of the most recent 12
months for which the holder of the licence is required to give an earnings
declaration;
"declared next most recent gross earnings", in relation to a licence, means
the declared gross earnings for the licence in respect of the 12 months
immediately before the most recent 12 months for which the holder of the
licence is required to give an earnings declaration;
"earnings declaration" means a statutory declaration given to the Tribunal
under paragraph 123 (1) (c) of the Broadcasting Act;
"existing licence", in relation to a proposed licence, means an area
licence, other than an area licence whose commencement date, in the opinion of
the Tribunal, is likely to be within the 28 days immediately before the
proposed licence's commencement day;
"most recent census results" means the results of the most recent census
count of the Australian population taken and published by the Australian
Statistician;
"new licence" means a licence described in paragraph 6B (a);
"prescribed time" means:
(a) in relation to a proposed licence that is a new licence - the time at
which a notice under subsection 82 (1) of the Broadcasting Act was published
in the Gazette to invite interested persons to apply for the grant of the
licence; or
(b) in relation to a proposed licence that is a supplementary licence - the
time at which the Minister referred the application for the licence to the
Tribunal under paragraph 82A (4) (a) of the Broadcasting Act; or
(c) in relation to a proposed licence that is a converted licence - the time
at which the Minister gave a notice to the Tribunal in respect of the
conversion under subsection 89D (6A) of the Broadcasting Act;
"proposed licence" means a licence in respect of which an FM access fee is
to be payable;
"supplementary licence" means a licence referred to in paragraph 6B (b).
(2) For the purposes of this section, the service area of a supplementary
radio licence is taken to be substantially the same as another licence's
service area if it is smaller than, but wholly within the other licence's
service area.
(3) The Tribunal must determine, in writing, the amount of FM access fee in
respect of a proposed licence in accordance with the formula:
(AGE + (( AGE )2 x 1,000)) x NPL
(20 ((200,000) )) NCL;
where:
"AGE" (Average Gross Earnings) is the amount determined under subsection (4)
or (7);
"NPL" (Number of Pre-commencement Licences) is:
(a) if, in the Tribunal's opinion, there is at least one existing licence
under which service will be provided immediately before the day that, in the
Tribunal's opinion, is likely to be the proposed licence's commencement day -
the number of those existing licences; or
(b) if there are no such existing licences - 1;
"NCL" (Number of Commencement Licences) is:
(a) if the proposed licence is not a converted licence - the sum of 1 plus
the number that, in the Tribunal's opinion, is likely to be the number of area
licences under which services will be provided on, or within 28 days after,
the day that, in the Tribunal's opinion, is likely to be the proposed
licence's commencement day; or
(b) if the proposed licence is a converted licence - subject to subsection
(6), the number that, in the Tribunal's opinion, is likely to be the number of
area licences under which services will be provided on, or within 28 days
after, the day that, in the Tribunal's opinion, is likely to be the proposed
licence's commencement day.
(4) If, at the prescribed time for the proposed licence, there is at least
one area licence, AGE is the amount determined by the Tribunal in accordance
with the formula:
TGE
NPL;
where:
"TGE" (Total Gross Earnings) is the sum of the calculation gross earnings of
the area licences;
"NPL" (Number of Pre-commencement Licences) has the same meaning as in
subsection (3).
(5) In subsection (4):
"calculation gross earnings", in relation to an area licence, means:
(a) if there are declared most recent gross earnings for the licence - the
amount of those earnings; or
(b) if there are no such earnings - an amount determined by the Tribunal to
be the likely amount of the declared most recent gross earnings for the
licence, having regard to either or both of the following:
(i) any declared next most recent gross earnings for the
licence;
(ii) any declared most recent gross earnings, or any declared
next most recent gross earnings, for any other area licences.
(6) For the purposes of subsection (3), if:
(a) the proposed licence is a converted licence; and
(b) the Tribunal is satisfied that, but for this subsection, NCL should be
1; and
(c) there is at least one commercial FM radio licence or supplementary radio
licence whose service area overlaps the proposed licence's service area (in
this subsection called an "overlapping licence");
NCL is to be 1 plus, in respect of each overlapping licence, a number that is
determined by the Tribunal in accordance with the formula:
OP
TP;
where:
"OP" (Overlapping Population) is the population, in the Tribunal's opinion,
of the proposed licence's service area that is overlapped by the service area
of the overlapping licence, having regard to the most recent census results;
and
"TP" (Total Population) is the population, in the Tribunal's opinion, of the
proposed licence's service area, having regard to the most recent census
results.
(7) If, at the prescribed time for the proposed licence, there is no area
licence, AGE is the amount determined by the Tribunal in accordance with the
formula:
NGE
NPL;
where:
"NGE" (Notional Gross Earnings) is the amount determined by the Tribunal as
what, if there had been an area licence, would have been the amount of the
declared most recent gross earnings for the area licence, having regard to:
(a) the declared most recent gross earnings, or declared next most recent
gross earnings, for any radio licences whose service areas overlap the
proposed licence's service area; and
(b) the declared most recent gross earnings, or declared next most recent
gross earnings, for any radio licence whose service area is of a similar size,
or has a similar level of population, as that of the proposed licence's
service area; and
(c) such other matters as the Tribunal considers relevant;
"NPL" (Number of Pre-commencement Licences) has the same meaning as in
subsection (3).
(8) In deciding NPL or NCL for the purposes of this section, the Tribunal
may have regard to the following matters:
(a) the number of existing area licences;
(b) the likely grant by the Tribunal of any area licences;
(c) the likely commencement date of the proposed licence and licences
mentioned in paragraph (b);
(d) any other matters that the Tribunal considers relevant.
(9) Nothing in this section empowers the Tribunal to make a determination
amending or in substitution for a determination made under subsection (3).
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.