Contents
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 1
3............ Incorporation of Broadcasting Act...................................................... 1
4............ Interpretation....................................................................................... 1
5............ Licence fees......................................................................................... 2
6............ Amount of fees................................................................................... 2
6A......... Change of accounting period—effect on fees payable......................... 4
7............ Earnings of subsidiary companies etc................................................. 5
8............ Regulations......................................................................................... 6
Endnotes 7
Endnote 1—About the endnotes 7
Endnote 2—Abbreviation key 9
Endnote 3—Legislation history 10
Endnote 4—Amendment history 13
Endnote 5—Uncommenced amendments [none] 14
Endnote 6—Modifications [none] 14
Endnote 7—Misdescribed amendments [none] 14
Endnote 8—Miscellaneous [none] 14
An Act to provide for the payment of fees in respect of certain radio licences
1 Short title
This Act may be cited as the Radio Licence Fees Act 1964.
2 Commencement
This Act shall come into operation on the day on which it receives the Royal Assent.
3 Incorporation of Broadcasting Act
The Broadcasting Services Act 1992 is incorporated and shall be read as one with this Act.
4 Interpretation
(1) In this Act, unless the contrary intention appears:
ACMA means the Australian Communications and Media Authority.
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, by the service or services provided under the licence, of advertisements or other material.
licence means a commercial radio broadcasting licence allocated or renewed, whether before, on or after the commencement of this definition, under the Broadcasting Services 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.
5 Licence fees
There is payable to the Commonwealth by a licensee, by way of tax in respect of the licence, fees in accordance with sections 6 and 6A.
6 Amount of fees
(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:
(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:
(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:
(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:
(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:
where A is the number of dollars in those gross earnings.
(3) If a licensee has:
(a) on or after the day on which the Radio Licence Fees Amendment Act 1997 received the Royal Assent; and
(b) in accordance with subsection 205B(2) of the Broadcasting Services Act 1992;
adopted an accounting period ending on a day other than 30 June, the reference in subsection (2) of this section to 30 June is, in relation to the licence, to 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.
6A Change of accounting period—effect on fees payable
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—whichever is the lesser of 3.25% 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.”
7 Earnings of subsidiary companies etc.
Where the ACMA 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 ACMA may direct that the amount or the part of the amount, as the case may be, shall be so treated.
8 Regulations
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.
Endnotes
Endnote 1—About the endnotes
The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous
If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.
Abbreviation key—Endnote 2
The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.
Uncommenced amendments—Endnote 5
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.
Modifications—Endnote 6
If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.
Misdescribed amendments—Endnote 7
An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.
Miscellaneous—Endnote 8
Endnote 8 includes any additional information that may be helpful for a reader of the compilation.
Endnote 2—Abbreviation key
| ad = added or inserted | pres = present |
| am = amended | prev = previous |
| c = clause(s) | (prev) = previously |
| Ch = Chapter(s) | Pt = Part(s) |
| def = definition(s) | r = regulation(s)/rule(s) |
| Dict = Dictionary | Reg = Regulation/Regulations |
| disallowed = disallowed by Parliament | reloc = relocated |
| Div = Division(s) | renum = renumbered |
| exp = expired or ceased to have effect | rep = repealed |
| hdg = heading(s) | rs = repealed and substituted |
| LI = Legislative Instrument | s = section(s) |
| LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
| mod = modified/modification | Sdiv = Subdivision(s) |
| No = Number(s) | SLI = Select Legislative Instrument |
| o = order(s) | SR = Statutory Rules |
| Ord = Ordinance | Sub‑Ch = Sub‑Chapter(s) |
| orig = original | SubPt = Subpart(s) |
| par = paragraph(s)/subparagraph(s)
/sub‑subparagraph(s) | |
Endnote 3—Legislation history
| Act | Number and year | Assent | Commencement | Application, saving and 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 (Gazette 1987, No. S231) | s 7 and 8 |
| Radio Licence Fees Amendment Act (No. 2) 1987 | 116, 1987 | 16 Dec 1987 | 16 Dec 1987 | s 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 (s 51, 52): (a) | — |
| Radio Licence Fees Amendment Act 1991 | 184, 1991 | 6 Dec 1991 | s 3, 6 and 8: 1 Jan 1992
ss. 7 and 9: 31 Dec 1992
Remainder: 3 Jan 1992 | s 3 and 11 |
| Transport and Communications Legislation Amendment Act 1992 | 82, 1992 | 30 June 1992 | s 5(2), 6 and 7: 30 Dec 1992
ss. 16, 18, 19, 20(1) and 21: (b)
s 22–25: 1 Jan 1992
Remainder: Royal Assent | s 25 and 26 |
| Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 | 105, 1992 | 9 July 1992 | 5 Oct 1992 (s 2 and Gazette 1992, No. GN38) | — |
| Radio Licence Fees Amendment Act 1997 | 142, 1997 | 8 Oct 1997 | Sch 1 (items 1–3, 5–10): 8 Oct 1997
Sch 1 (item 4): 5 Oct 1992 (c) | — |
| Radio Licence Fees Amendment Act 2005 | 53, 2005 | 1 Apr 2005 | Sch 1 and 2: 1 July 2005 (s 2(1))
Remainder: Royal Assent | Sch 2 |
| Radio Licence Fees Amendment Act 2007 | 69, 2007 | 28 May 2007 | 29 May 2007 | — |
| Omnibus Repeal Day (Autumn 2014) Act 2014 | 109, 2014 | 16 Oct 2014 | Sch 2 (items 193–195): 17 Oct 2014 (s 2(1) item 2) | — |
(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) The Radio Licence Fees Act 1964 was amended by Part 4 (sections 22–26) only of the Transport and Communications Legislation Amendment Act 1992, subsections 2(1) and (5) of which provide as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(5) Sections 22, 23, 24 and 25 are taken to have commenced on 1 January 1992.
(c) The Radio Licence Fees Act 1964 was amended by Schedule 1 only of the Radio Licence Fees Amendment Act 1997, subsections 2(1) and (2) of which provide as follows:
(1) Subject to subsection (2), sections 1, 2 and 3, and the items of Schedule 1 other than item 4, commence on the day on which this Act receives the Royal Assent.
(2) Item 4 of Schedule 1 is taken to have commenced on 5 October 1992.
Endnote 4—Amendment history
| 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; No. 142, 1997; No. 53, 2005; No. 69, 2007; No 109, 2014 |
| s. 5...................................... | am. No. 114, 1981; No. 68, 1985; No. 66, 1987; No. 142, 1997 |
| 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; No. 142, 1997; No 109, 2014 |
| 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 |
| | rep. No. 142, 1997 |
| s. 6BA................................. | ad. No. 184, 1991 |
| | rep. No. 142, 1997 |
| s. 6C................................... | ad. No. 144, 1988 |
| | rep. No. 142, 1997 |
| s. 7...................................... | am. No. 68, 1985; No. 142, 1997; No. 53, 2005 |
| s. 8...................................... | ad. No. 114, 1981 |
| | am. No. 155, 1982 |
| | rep. No. 68, 1985 |
| | ad. No. 116, 1987 |
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]