Part 1 Preliminary
1 Name
This is the Broadcasting (Charges) Determination 2017.
2 Commencement
This determination commences at the start of the day after it is registered on the Federal Register of Legislation.
Note: The Federal Register of Legislation may be accessed at www.legislation.gov.au.
3 Authority
This determination is made under subsection 60(1) of the Australian Communications and Media Authority Act 2005.
4 Repeal of the Broadcasting (Charges) Determination 2007
The Broadcasting (Charges) Determination 2007 [F2007L00371] is repealed.
5 Definitions
(1) In this determination:
ACMA Act means the Australian Communications and Media Authority Act 2005.
Broadcasting Services Act means the Broadcasting Services Act 1992.
(2) Unless the contrary intention appears, expressions used in this determination and in the Broadcasting Services Act have the same meaning in this determination as they have in that Act.
Note: A number of other expressions used in this determination are defined in the Broadcasting Services Act, including:
(a) ACMA (see section 6);
(b) commercial radio broadcasting licence (see section 6);
(c) commercial television broadcasting licence (see section 6);
(d) datacasting licence (see section 6);
(e) international broadcasting licence (see section 6);
(f) licence (see section 6); and
(g) subscription television broadcasting licence (see section 6).
6 References to other instruments
In this determination, unless the contrary intention appears:
(a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and
(b) a reference to any other kind of instrument is a reference to that other instrument as in force at the time this instrument commences.
Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.
Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.
Part 2 Charges relating to functions under the Broadcasting Services Act
7 Application
(1) Under subsection 60(1) of the ACMA Act, the ACMA may make determinations fixing charges for:
(a) services provided by the ACMA; and
(b) any matter in relation to which expenses are incurred by the 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 the ACMA to receive and process applications to:
(a) allocate or renew licences; or
(b) give opinions.
(3) This determination:
(a) fixes the charges that are to be applied in relation to the expenses incurred by the ACMA in carrying out the functions mentioned in subsection (2); and
(b) specifies the persons by whom, and the times when, those charges are payable.
8 Charge
The charge for a matter mentioned in column 2 of an item in Schedule 1 is the amount mentioned in column 3 of that item.
9 By whom and when is the charge payable
The charges are payable by the applicant when the application is made.