Federal Register of Legislation - Australian Government

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Television Licence Fees Act 1964

Act No. 118 of 1964 as amended, taking into account amendments up to Act No. 105 of 1992
Registered 07 Dec 2009
Start Date 31 Dec 1992
End Date 07 Oct 1997
Date of repeal 01 Jan 2017
Repealed by Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017

TELEVISION LICENCE FEES ACT 1964
- Updated as at 30 September 1993 (#DATE 30:09:1993)

*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 Date Date of Application
Number and of Assent Commencement saving or
year 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 1977 1 Sept 1977 S. 3 (2)
Television Stations Licence Fees Amendment Act 1978
51, 1978 12 June 1978 12 June 1978 S. 4
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 1987, No. S231)
S. 8
Television Licence Fees Amendment Act (No. 2) 1987
67, 1987 5 June 1987 14 Sept 1987 (see Gazette
1987, No. S231) S. 7
Television Licence Fees Amendment Act (No. 3) 1987
117, 1987 16 Dec 1987 16 Dec 1987 S. 6
Television Licence Fees Amendment Act 1991
185, 1991 6 Dec 1991 31 Dec 1992 -
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) -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
Title am. No. 156, 1982
rs. No. 69, 1985
S. 1 am. No. 69, 1985
S. 3 am. No.156, 1982; No. 69, 1985;
No. 105, 1992
S. 4 am. No. 69, 1985; No. 14, 1987;
No. 105, 1992
S. 5 am. No. 156, 1982; No. 69, 1985;
Nos. 14 and 67, 1987
S. 6 am. 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; No. 185, 1991;
No. 105, 1992
S. 6A ad. No. 67, 1987
am. No. 117, 1987; No. 185, 1991
S. 7 am. No. 69, 1985
S. 8 ad. No. 156, 1982
rep. No. 69, 1985
ad. No. 14, 1987

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 Services Act 1992 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 the gross earnings of the licensee during that period from the televising, pursuant to the licence, of advertisements or other matter;
"licence" means a commercial television broadcasting licence referred to in paragraph 5 (1) (b) or (e) of the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992;
"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.

TELEVISION LICENCE FEES ACT 1964 - SECT 5
Licence fees

SECT

5. (1) Subject to subsection (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 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:
0.5 + 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 + -/- 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) 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) A reference in subsection (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 subsection (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 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:
(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:
(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:
(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:
(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:
(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:
(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:
(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:
where:
A is the amount ascertained in accordance with the formula
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.