Federal Register of Legislation - Australian Government

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Broadcasting (Charges) Amendment Determination 2022 (No.1)

Authoritative Version
  • - F2022L01240
  • In force - Latest Version
Determinations/Communications as made
This instrument amends the Broadcasting (Charges) Determination 2017 to implement the Australian Communications and Media Authority's new broadcasting charges from 1 October 2022.
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Registered 23 Sep 2022
Tabling HistoryDate
Tabled HR26-Sep-2022
Tabled Senate27-Sep-2022

Commonwealth of Australia coat of arms

 

Broadcasting (Charges) Amendment Determination 2022 (No.1)

 

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

Dated:21 September 2022

James Cameron

[signed]

Member

 

Brendan Byrne

[signed]

Member/General Manager

 

Australian Communications and Media Authority

 

 

 


1  Name

                   This is the Broadcasting (Charges) Amendment Determination 2022 (No.1).

2  Commencement

                   This instrument commences on 1 October 2022.

Note:    The instrument will be registered on the Federal Register of Legislation which may be accessed free of charge at www.legislation.gov.au.

3  Authority

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

4  Amendments

                   The instrument that is specified in the Schedule to this instrument is amended as set out in the applicable items in the Schedule.

 


Schedule —Amendments

(section 4)

Broadcasting (Charges) Determination 2017 (F2017L00334)

1          Section 9

Repeal the section, substitute:

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.

2          After section 9

Insert:

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).


 

3          Part 1 of Schedule 1

Repeal the Part, substitute:

Part 1         Charges relating to licences

Column 1

Column 2

Column 3

Item

Matter

Charges

1

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

$2,787.00

2

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

$451.00

3

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

$202.00

4

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

$236.00

5

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

$424.00

4  Part 2 of Schedule 1 (cell at table item 1, column 3)

Omit “$15,150.00”, substitute “hourly rate”

5  Part 2 of Schedule 1 (cell at table item 2, column 3)

Omit “$15,150.00”, substitute “hourly rate”

6  At the end of Part 2 of Schedule 1

Add:

Part 3         Charges relating to international broadcasting licences

 

Column 1

Column 2

Column 3

Item

Matter

Charges

1

Deposit to accompany an application under section 121FA of the Broadcasting Services Act for an international broadcasting licence

$4,500.00

2

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

hourly rate