TELEVISION LICENCE FEES ACT 1964
- Reprinted as at 30 April 1989 (HISTACT CHAP 940 #DATE 30:04:1989)
*1*The Television Licence Fees Act 1964 as shown in this reprint comprises Act
No. 118, 1964 amended as indicated in the Tables below.
Table of Acts
Act Number Date of Date of Application,
and year Assent commencement saving or
transitional
provisions
Television Stations Licence Fees Act 1964
118, 1964 24 Nov 1964 24 Nov 1964
Statute Law Revision (Decimal Currency) Act 1966
93, 1966 29 Oct 1966 1 Dec 1966 -
Television Stations Licence Fees Amendment Act 1976
103, 1976 12 Oct 1976 1 Sept 1977 -
Television Stations Licence Fees Amendment Act (No. 2) 1976
189, 1976 15 Dec 1976 1 Jan 1977 -
Television Stations Licence Fees Amendment Act 1977
96, 1977 22 Sept 1 Sept 1977 S. 3 (2)
1977
Television Stations Licence Fees Amendment Act 1978
51, 1978 12 June 12 June 1978 S. 4
1978
Television Stations Licence Fees Act 1981
169, 1981 2 Dec 1981 1 Sept 1981 S. 3 (2)
Television Stations Licence Fees Amendment Act 1982
156, 1982 31 Dec 1982 31 Dec 1982 ( see s. 2) -
Television Stations Licence Fees Amendment Act 1983
59, 1983 12 Oct 1983 1 Sept 1983 S. 3 (2)
Television Stations Licence Fees Amendment Act 1985
69, 1985 5 June 1985 1 Jan 1986 S. 11
Television Licence Fees Amendment Act 1987
14, 1987 18 May 1987 14 Sept 1987 (see Gazette S. 8
1987, No. S231, p.1)
Television Licence Fees Amendment Act (No. 2) 1987
67, 1987 5 June 1987 14 Sept 1987 (see Gazette S. 7
1987, No. S231, p.1)
Television Licence Fees Amendment Act (No. 3) 1987
117, 1987 16 Dec 1987 16 Dec 1987 S. 6
______________________________________________________________________________
__ Table of Amendments
ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substituted
______________________________________________________________________________
__ Provision affected How affected
Titleam. No. 156, 1982
rs. No. 69, 1985
S. 1am. No. 69, 1985<
S. 3am. No.156, 1982; No. 69, 1985
S. 4am. No. 69, 1985; No. 14, 1987
S. 5am. No. 156, 1982; No. 69, 1985; Nos. 14 and 67, 1987
S. 6am. No. 93, 1966
rs. No. 103, 1976
am. No. 189, 1976; No. 96, 1977; No. 51, 1978; No. 169, 1981;
No.156,
1982; No. 59, 1983; No. 69, 1985; Nos. 14, 67 and 117, 1987
S. 6Aad. No. 67, 1987
am. No. 117, 1987
S. 7am. No. 69, 1985
S. 8ad. No. 156, 1982
rep. No. 69, 1985
ad. No. 14, 1987
TELEVISION 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
7. Earnings of subsidiary companies etc.
8. Regulations
TELEVISION LICENCE FEES ACT 1964 - LONG TITLE
SECT
An Act to provide for the payment of fees in respect of
certain television licences
TELEVISION LICENCE FEES ACT 1964 - SECT 1
Short title
SECT
1. This Act may be cited as the Television Licence Fees Act 1964.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
TELEVISION 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 .
TELEVISION 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.
TELEVISION LICENCE FEES ACT 1964 - SECT 4
Interpretation
SECT
4.(1) In this Act-
'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 televising, pursuant to the
licence, of advertisements or other matter and from the televising, pursuant
to any MCS permit granted in respect of the licence, of advertisements or
other matter; and
(b) in the case of a remote licence to which sub-section
81(6) of the Broadcasting Act 1942 applies-the aggregate amount of the gross
earnings during that period from the televising, pursuant to the licence, of
advertisements or other matter of all the persons who, at any time during that
period, are co-owners of the licence;
'licence' means a commercial television licence, a remote television licence
or a supplementary television 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.
TELEVISION LICENCE FEES ACT 1964 - SECT 5
Licence fees
SECT
5.(1) Subject to sub-section (2), 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.
(2) The regulations may make provision for rebates of fees payable by
licensees.
TELEVISION 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 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-
0.5 + 0.6 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-
3.5 + 0.5 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-
4 + 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-
4.4 + 0.3 X A-7,000,000;
1,000,000
(e) where those gross earnings are not less than $10,000,000 but are less
than $20,000,000-the percentage ascertained in accordance with the formula-
5.3 + 0.11 X A-10,000,000;
1,000,000
(f) where those gross earnings are not less than $20,000,000 but are less
than $45,000,000-the percentage ascertained in accordance with the formula-
6.4 + 0.06 X A-20,000,000;
1,000,000
(g) where those gross earnings are not less than $45,000,000 but are less
than $75,000,000-the percentage ascertained in accordance with the formula:
7.9 + -/-3 X A-45,000,000; or
1,000,000
(h) where those gross earnings are not less than $75,000,000- whichever is
the lesser of 9% or the percentage ascertained in accordance with the
formula:
8.8 + 0.008 X A-75,000,000;
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) A reference in sub-section (2) to a licence shall be read as including a
reference to a licence granted before the commencement of this Act.
(4A) For the purposes of sub-section (2), the period of a licence shall be
taken to include any period of renewal or further renewal of the licence.
(5) 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.
TELEVISION 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:
0.5 + 0.6 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:
3.5 + 0.5 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:
4 + 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:
4.4 + 0.3 X A-7,000,000;
1,000,000
(e) where A is not less than $10,000,000 but is less than $20,000,000-the
percentage ascertained in accordance with the formula:
5.3 + 0.11 X A-10,000,000;
1,000,000
(f) where A is not less than $20,000,000 but is less than $45,000,000-the
percentage ascertained in accordance with the formula:
6.4 + 0.06 X A-20,000,000;
1,000,000
(g) where A is not less than $45,000,000 but is less than $75,000,000-the
percentage ascertained in accordance with the formula:
7.9 + 0.03 X A-45,000,000; or
1,000,000
(h) where A is not less than $75,000,000-whichever is the lesser of 9% or
the percentage ascertained in accordance with the formula:
8.8 + 0.008 X A-75,000,000;
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.'.
TELEVISION 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.
TELEVISION 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.