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Radio Licence Fees Act 1964

Act No. 119 of 1964 as amended, taking into account amendments up to Act No. 119 of 1964
Registered 23 Nov 2009
Start Date 05 Oct 1992
End Date 07 Oct 1997
Date of repeal 01 Jan 2017
Repealed by Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017

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.