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Broadcasting (Charges) Determination 2007

Authoritative Version
Determinations/Communications as made
This Determination provides for updated charges arising from a review of ACMA’s cost recovery fees and charges.
Administered by: Communications and the Arts
Registered 14 Feb 2007
Tabling HistoryDate
Tabled HR26-Feb-2007
Tabled Senate26-Feb-2007
Date of repeal 30 Mar 2017
Repealed by Broadcasting (Charges) Determination 2017
This Legislative Instrument has been subject to a Motion to Disallow:
Motion Date:
12-Jun-2007
Expiry Date:
17-Aug-2007
House:
Senate
Details:
Full
Resolution:
Withdrawn
Resolution Date:
13-Aug-2007
Resolution Time:
Provisions:

Broadcasting (Charges) Determination 2007

Australian Communications and Media Authority Act 2005

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subsection 60 (1) of the Australian Communications and Media Authority Act 2005.

Dated    9th February   2007

CHRIS CHAPMAN

[signed]

Chair

 

 

LYN MADDOCK

[signed]

Deputy Chair


  

  

1              Name of Determination

                This Determination is the Broadcasting (Charges) Determination 2007.

2              Commencement

                This Determination commences on the day after it is registered.

3              Interpretation

         (1)   In this Determination:

ACMA Act means the Australian Communications and Media Authority Act 2005.

Broadcasting Services Act means the Broadcasting Services Act 1992.

Commercial Television Conversion Scheme means the Commercial Television Conversion Scheme 1999, made under the Broadcasting Services Act.

         (2)   Terms used in this Determination and in the Broadcasting Services Act or the Commercial Television Conversion Scheme have the same meaning in this Determination as they have in the Broadcasting Services Act or the Commercial Television Conversion Scheme.

4              Purpose of Determination

         (1)   Under subsection 60 (1) of the ACMA Act, ACMA may make determinations fixing charges for:

                (a)    services provided by ACMA; and

               (b)    any matter in relation to which expenses are incurred by ACMA under the Acts specified in the subsection (including the Broadcasting Services Act) or an instrument made under an Act specified in the subsection (other than the ACMA Act).

         (2)   Certain provisions of the Broadcasting Services Act provide for ACMA to:

                (a)    allocate or renew licences; and

               (b)    give opinions.

         (3)   Certain provisions of the Commercial Television Conversion Scheme provide for ACMA to approve implementation plans.

         (4)   This Determination:

                (a)    fixes the charges that are to be applied in relation to the expenses incurred by ACMA in carrying out the functions mentioned in subsections (2) and (3); and

               (b)    specifies the persons by whom, and the times when, those charges are payable.

5              Charge

         (1)   Until the end of 30 June 2007, the charge for a matter mentioned in column 2 of an item in Part 1 or 2 of Schedule 1 is the amount mentioned in column 3 of that item.

         (2)   On and after 1 July 2007, the charge for a matter mentioned in column 2 of an item in Part 1 or 2 of Schedule 1 is the amount mentioned in column 4 of that item.

         (3)   Until the end of 31 December 2007, the charge for a matter mentioned in column 2 of an item in Part 3 of Schedule 1 is the amount mentioned in column 3 of that item.

         (4)   On and after 1 January 2008, the charge for a matter mentioned in column 2 of an item in Part 3 of Schedule 1 is the amount mentioned in column 4 of that item.

6              By whom and when is the charge payable

                The charges are payable by the applicant:

                (a)    in the case of an hourly rate of charge — on the issue to the applicant of an invoice for the charge; and

               (b)    in any other case — when the application is made.


Schedule 1        Charges payable

(section 5)

Part 1          Charges relating to licences

 

Column 1

Item

Column 2

Matter

Column 3

Charge to
30 June 2007

Column 4

Charge from
1 July 2007

1

Considering and processing an application under section 121FA of the Broadcasting Services Act for an international broadcasting licence

$2 000

$3 198

2

Considering and processing an application under clause 7 of Schedule 6 to the Broadcasting Services Act for a datacasting licence

$350

$385

3

Considering and processing an application under section 40 of the Broadcasting Services Act for a non‑broadcasting services bands commercial television broadcasting licence or commercial radio broadcasting licence

$2 400

$815

4

Considering and processing an application under section 46 of the Broadcasting Services Act for renewal of a commercial television broadcasting licence or commercial radio broadcasting licence

$200

$445

5

Considering and processing an application under section 96 of the Broadcasting Services Act for a subscription television broadcasting licence

$1 600

$1 020

6

Considering and processing an application for a commercial television broadcasting licence or commercial radio broadcasting licence to be allocated using a price‑based allocation system under subsection 36 (1) of the Broadcasting Services Act

$2 000

$4 564

7

Considering and processing an application made under section 38A or 38B of the Broadcasting Services Act for an additional television licence in a 1 or 2 station market

$10 000

$10 000

Part 2          Charges relating to implementation plans

 

Column 1

Item

Column 2

Matter

Column 3

Charge to
30 June 2007

Column 4

Charge from
1 July 2007

1

Assessing and approving an implementation plan submitted under subsection 25 (1) of the Commercial Television Conversion Scheme

$805

$820

2

Assessing and approving an application to vary an approved implementation plan submitted under subsection 38 (1) of the Commercial Television Conversion Scheme

$133 for each hour or part of an hour

$164 for each hour or part of an hour

Part 3          Charges related to opinions

 

Column 1

Item

Column 2

Matter

Column 3

Charge to 31 December 2007

Column 4

Charge from 1 January 2008

1

Preparing and giving an opinion on application under section 21 of the Broadcasting Services Act

$1 275

$12 300

2

Preparing and giving an opinion on application under section 74 of the Broadcasting Services Act

$2 500

$12 300