Federal Register of Legislation - Australian Government

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Broadcasting (Charges) Determination 2017

Authoritative Version
Determinations/Communications as made
The instrument specifies the charges payable to the ACMA for considering and processing applications for the issue and renewal of a range of broadcasting licences as well as charges payable for the preparing and giving of opinions on application under section 21 or section 74 of the Broadcasting Services Act 1992.
Administered by: Communications and the Arts
Registered 29 Mar 2017
Tabling HistoryDate
Tabled HR30-Mar-2017
Tabled Senate09-May-2017

 

Broadcasting (Charges) Determination 2017

 

The Australian Communications and Media Authority makes the following determination under subsection 60(1) of the Australian Communications and Media Authority Act 2005.

Dated: 27 March 2017

 

Richard Bean

[signed]

Member

 

 

James Cameron

[signed]

Member/General Manager

 

Australian Communications and Media Authority

 

 

 


Part 1               Preliminary

Name

                   This is the Broadcasting (Charges) Determination 2017.

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                   The Broadcasting (Charges) Determination 2007 [F2007L00371] is repealed. 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. 

 

                                                          


Schedule 1      Charges payable

                                                                (section 8)

 

Part 1         Charges relating to licences

 

Column 1

Column 2

Column 3

Item

Matter

Charges

1

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

$4,799.00

2

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

$10,000.00

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

$1,062.00

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

$422.00

5

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

$1,314.00

6

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

$3,939.00

7

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

$471.00

 

Part 2         Charges relating to opinions

 

Column 1

Column 2

Column 3

Item

Matter

Charges

1

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

$15,150.00

2

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

$15,150.00