Broadcasting (Charges) Determination 2017

made under subsection 60(1) of the

Australian Communications and Media Authority Act 2005

Compilation No. 1

Compilation date:                              1 October 2022

Includes amendments up to:            F2022L01240

Prepared by the Australian Communications and Media Authority, Melbourne

About this compilation

This compilation

This is a compilation of the Broadcasting (Charges) Determination 2017 that shows the text of the law as amended and in force on 1 October 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law.  Any uncommenced amendments affecting the law are accessible on the Federal Register of Legislation (www.legislation.gov.au).  The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes.  For more information on any uncommenced amendments, see the series page on the Federal Register of Legislation for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law.  Accordingly, this compilation does not show the text of the compiled law as modified.  For more information on any modifications, see the series page on the Federal Register of Legislation for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Part 1               Preliminary

1  Name

                   This is the Broadcasting (Charges) Determination 2017.

3  Authority

                   This determination is made under subsection 60(1) of the Australian Communications and Media Authority Act 2005.

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:

(a)      in the case of a charge mentioned in Part 1 of Schedule 1 or item 1 of Part 3 of Schedule 1 – when the application is made;

(b)     in the case of a charge mentioned in Part 2 of Schedule 1 – by the due date specified in an invoice issued by the ACMA to the applicant for the charge; and

(c)      in the case of a charge mentioned in subsection 11(3) in relation to item 2 of Part 3 of Schedule 1 – by the due date specified in an invoice issued by the ACMA to the applicant for the charge.

10  Hourly rates of charge

                   In this determination, the hourly rate of charge for each person providing a service or matter to which the rate applies is:

(a)      for each completed hour - $226; and

(b)     for a part of an hour – the proportion of $226 equal to the proportion of an hour for which charge is to be made. 

11  Special rules – charges for considering and processing an application under section 121FA of the Broadcasting Services Act

             (1)  This section applies if a deposit is paid under item 1 of Part 3 of Schedule 1 (the deposit). 

             (2)  If: 

(a)         1 or more amounts are payable under item 2 of Part 3 of Schedule 1; and

(b)         the aggregate of those amounts is less than the deposit,

                   the amounts referred to in paragraph (a) will be deducted from the deposit, and the ACMA must refund the difference to the applicant.

             (3)  If:

                     (a)  1 or more amounts are payable under item 2 of Part 3 of Schedule 1; and

                     (b)  the aggregate of those amounts is greater than the deposit,

the applicant must pay the difference of the charge under paragraph 9(c).

Schedule 1      Charges payable

                                                                (section 8)

Part 1     Charges relating to licences

Part 2     Charges relating to opinions

Part 3     Charges relating to international broadcasting licences

Endnotes

Endnote 1 – About the endnotes

The endnotes provide information about this compilation and the compiled law.

Endnote 2 (Abbreviation key) sets out abbreviations that may be used in the endnotes.

Endnote 3 (Legislation history) provides information about each law that has amended (or will amend) the compiled law.  The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

Endnote 4 (Amendment history) provides information about the amendments at the provision (generally section or equivalent) level and includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. 

It also includes information about any misdescribed amendment (that is, an amendment that does not accurately describe the amendment to be made).  If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.  If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history