Television Licence Fees Regulations 1990

These Regulations are the Television Licence Fees Regulations 1990.

In these Regulations, unless the contrary intention appears:

Act means the Television Licence Fees Act 1964.

This Part establishes a rebate scheme to assist holders of commercial television broadcasting licences for regional licence areas or remote licence areas that existed on 9 May 2000 to convert their commercial television broadcasting services from analog to digital mode.

13 Definitions

In this Part:

CTC scheme means the commercial television conversion scheme formulated by ACMA under subclause 6(1) of Schedule 4 to the Broadcasting Services Act 1992.

digital conversion rebate means the rebate under this Part.

digital service means a commercial television broadcasting service that is transmitted in digital mode and approved by ACMA, and that is not:

(a) a test transmission; or

(b) a satellite transmission.

fee means a fee payable under section 6, 6A or 6B of the Act.

financial period, for a regional licensee, means a financial year or any other accounting period approved by ACMA for the regional licensee under subsection 205B(2) of the Broadcasting Services Act 1992.

first financial year, for a digital service, means the financial year in which a licensee first becomes entitled to claim a rebate under regulation 14.

regional licence means a commercial television broadcasting licence that existed on 9 May 2000 for a licence area listed in Schedule 1.

regional licensee means a person who holds a regional licence or regional licences.

remote licence means a commercial television broadcasting licence that existed on 9 May 2000 for a licence area listed in Schedule 2.

remote licensee means a person who holds a remote licence or remote licences.

14 When regional licensee or remote licensee becomes entitled to claim rebate

(1) A regional licensee or remote licensee becomes entitled to claim a digital conversion rebate of fees for a licence in a financial year if the licensee starts to transmit a digital service under the licence:

(a) on a date in the period from 1 July to 31 December (inclusive) in that year; and

(b) in accordance with the CTC scheme.

(2) A regional licensee or remote licensee becomes entitled to claim a digital conversion rebate of fees for a licence in a financial year if, in relation to the licence, there is an implementation plan in force that:

(a) is approved by ACMA; and

(b) allows the licensee to start to transmit a digital service on a date in the period from 1 January to 30 June (inclusive) in that year.

(3) A regional licensee or remote licensee becomes entitled to claim a digital conversion rebate of fees for a licence in a financial year if:

(a) ACMA has approved the transmission of a digital service, under the CTC scheme, before the start of the simulcast period for the licence area; and

(b) the approval authorises transmission of the service in the financial year; and

Note 1: Regional licences: Under subclause 6(3) of Schedule 4 to the Broadcasting Services Act 1992, ACMA must determine the date, being a date during the period beginning on 1 January 2001 and ending immediately before 1 January 2004, when a regional licensee must start to transmit a digital service. However, ACMA may allow, under Division 11 of Part A of the CTC scheme, a regional licensee to start to transmit a digital service before the date determined by ACMA under subclause 6(3) of Schedule 4 to the Broadcasting Services Act 1992.

Note 1A: Remote licences: Under subclause 138(1) of Part B to the CTC Scheme, ACMA must determine the date when a remote licensee must start to transmit a digital service. However, ACMA may allow, under Division 11 of Part B of the CTC scheme, a remote licensee to start to transmit a digital service before the date determined by ACMA under subclause 138(1) of the CTC Scheme.

Note 2: Under clause 9 of Schedule 4 to the Broadcasting Services Act 1992, the CTC scheme must make provision for requiring holders of commercial television broadcasting licences to prepare, and submit to ACMA, 1 or more implementation plans relating to digital transmission of their service or services.

(4) Despite subregulations (1), (2) and (3), if the licenses issued in relation to items 3A and 3B of Schedule 1 are held by the same licensee and the licensee becomes eligible for the rebate for one of the licences before the other, the licensee is taken to be automatically eligible for the rebate for the other licence at the same time.

Note: Regulation 17 sets out the method of apportionment of 2 licences held by the same licensee.

(5) Despite subregulations (1), (2) and (3), if the licences issued in relation to items 3, 4, 5 or 6 of Schedule 2 are held by wholly‑owned subsidiary companies of the same parent company, all the subsidiaries are taken to be eligible for the rebate on the day that one of the subsidiaries becomes eligible for the rebate.

Note: Regulation 17A sets out the method of apportionment for licences held by wholly‑owned subsidiaries of the same parent company, including the apportionment procedure to be adopted if the subsidiaries become owned by different parent companies.

15 Amount of rebate and carry forward

(1) A regional licensee for a licence area in an item in Schedule 1 is entitled to the digital conversion rebate mentioned in column 4 of the item for the first financial year, and for each subsequent financial year, up to the total entitlement mentioned in column 5 of that item.

(1A) A remote licensee for a licence area in an item in Schedule 2 is entitled to the digital conversion rebate mentioned in column 4 of the item for the first financial year, and for each subsequent financial year, up to the total entitlement mentioned in column 5 of that item.

(2) However, if the rebate would be more than the fees payable on the 31 December occurring during the financial year:

(a) the licensee is not entitled to the excess; and

(b) the excess may be claimed as a digital conversion rebate against the fees for the licence in the subsequent financial year or years, up to the total entitlement.

(3) Despite any provision in this Part, a regional licensee is not entitled to a digital conversion rebate under subregulation (1) or paragraph (2)(b) after 31 December 2012.

(4) Despite any provision in this Part, a remote licensee is not entitled to a digital conversion rebate under subregulation (1A) or paragraph (2)(b) after 31 December 2017.

16 Effect of change of licensee

(1) The digital conversion rebate that may be claimed in relation to a licence in accordance with Schedule 1 or 2 remains the same despite a change in the holder of the licence.

(2) To avoid doubt, the rebate that may be claimed in relation to a licence that is subject to apportionment under regulation 17 or 17A remains the same despite the sale or transfer of the licence.

17 Amount of rebate—apportionment for certain licences in regional Victoria

(1) For purposes of the digital conversion rebate, the rebate and total entitlement in items 3A (Eastern Victoria) and 3B (Western Victoria) of Schedule 1 are worked out on the basis that 1 licensee holds the licences for both licence areas.

(2) The licensee that holds 2 licences is entitled to a digital conversion rebate of $1 700 000 for the first financial year, and for each subsequent financial year, up to the total entitlement of $13 600 000, apportioned as a percentage between the 2 licences (licence 1 and licence 2) in accordance with the following formulas:

where:

Total earnings means Y1 + Y2.

Y1 means the annual gross earnings of the licensee from licence 1 for the most recent financial period.

Y2 means the annual gross earnings of the licensee from licence 2 for the most recent financial period.

17A Amount of rebate—certain licences in remote Western Australia

(1) For the purposes of the digital conversion rebate, the rebate and total entitlement in item 3 (Western Zone TV1), item 4 (Kalgoorlie TV1), item 5 (Geraldton TV1) and item 6 (South West and Great Southern TV1) of Schedule 2 are worked out on the basis that each of the remote licensees is a wholly‑owned subsidiary company of the same parent company.

(2) The parent company of the 4 subsidiary companies mentioned in subregulation (1) is entitled to a digital conversion rebate of up to $760 000 for the first financial year, and for each subsequent financial year, up to the total entitlement of $6 080 000.

What happens if the subsidiary companies are sold to a single new parent company?

(3) If all the subsidiary companies are sold to a single parent company, the new parent company is entitled to a digital conversion rebate, up to the annual and total entitlements mentioned in subregulation (2), as follows:

(a) if the previous parent company has already claimed for the financial year in which the subsidiary companies are sold—digital conversion rebate for each subsequent financial year;

(b) if the previous parent company has not already claimed for the financial year in which the subsidiary companies are sold—digital conversion rebate for that financial year and each subsequent financial year.

What happens if the subsidiary companies become owned by different parent companies?

(4) If, during a financial year, the subsidiary companies become owned by more than one parent company, each parent company is entitled to a digital conversion rebate, up to the annual and total entitlements mentioned in subregulation (2), as follows:

(a) for a claim in respect of a subsidiary company for which a parent company has already claimed for the financial year in which any subsidiary company is sold (disposition year)—25% of the digital conversion rebate for each subsequent financial year;

(b) for a claim in respect of a subsidiary company for which a parent company has not already claimed for the disposition year:

(i) 25% of the digital conversion rebate for the disposition year; and

(ii) 25% of the digital conversion rebate for each subsequent financial year.

19 Suspension of rebate

(1) This regulation applies if a regional licensee or a remote licensee:

(a) becomes entitled to a digital conversion rebate in a financial year because of regulation 14; but

(b) does not start to transmit a digital service on the date determined, or approved, by ACMA.

(2) ACMA may suspend the entitlement of the regional licensee or remote licensee to a digital conversion rebate for the financial year.

(3) In deciding whether to suspend the entitlement of the regional licensee or remote licensee, ACMA must consider:

(a) the reasons given by the licensee for its failure to start to transmit a digital service on the date determined, or approved, by ACMA; and

(b) any other matters that ACMA considers relevant.

(4) The suspension of an entitlement under this regulation must:

(a) be in writing; and

(b) set out the findings on material questions of fact, refer to the evidence or material on which those findings are based and give the reasons for the suspension.

(5) Application may be made to the Administrative Appeals Tribunal for a review of the suspension of entitlement.

Part 4—Licence fee rebate scheme

20 Definitions

In this Part:

accounting period, for a licensee, means:

(a) a financial year; or

(b) a 12 month period adopted by a licensee under subsection 205B(2) of the Broadcasting Services Act 1992.

commercial television broadcasting licence has the meaning given by section 6 of the Broadcasting Services Act 1992.

digital conversion rebate means a rebate under Part 3 of these Regulations.

eligible licensee means a licensee who holds a commercial television broadcasting licence allocated under section 36, 38A or 38B of the Broadcasting Services Act 1992.

licensee means a holder of a commercial television broadcasting licence allocated under the Broadcasting Services Act 1992.

21 Application of the scheme

The rebate scheme in this Part applies to eligible licensees for the accounting period ending on a day in 2016.

23 How to claim rebate

(1) To claim a licence fee rebate, an eligible licensee may deduct the amount of the rebate from the fees payable for the accounting period mentioned in regulation 21 and calculated on the basis of the formulae mentioned in subsection 6(2A) and section 6A of the Television Licence Fees Act 1964.

(2) For the accounting period:

(a) the amount of rebate is 25%; and

(b) the deadline for claiming the rebate is 31 December 2016.

(3) A licence fee rebate available for an accounting period cannot be carried over to any subsequent accounting period.

24 Eligible licensees who claim digital conversion rebate

(1) If an eligible licensee claims a digital conversion rebate for the accounting period mentioned in regulation 21, the eligible licensee must deduct the amount of the digital conversion rebate before calculating the amount of the licence fee rebate.

(2) If the digital conversion rebate is greater than or equal to an eligible licensee’s licence fees for the accounting period, the eligible licensee may not claim the licence fee rebate for the accounting period.

25 Effect of change of licensee

The licence fee rebate that may be claimed under this Part remains the same despite a change in the eligible licensee.

Schedule 1—Digital conversion rebates for regional licence areas

(regulations 14, 15, 16 and 17)

Column 1	Column 2	Column 3	Column 4	Column 5
Item	Licence area	No. of licensees	Maximum rebate entitlement per financial year for each licensee ($m.)	Total rebate entitlement for each licensee ($m.)
1	Northern New South Wales	3	1.70	13.60
2	Southern New South Wales	3	1.70	13.60
3	Regional Victoria	2	1.70	13.60
3A	Eastern Victoria	1	the proportion of 1.70 worked out under regulation 17	the proportion of 13.60 worked out under regulation 17
3B	Western Victoria	1	the proportion of 1.70 worked out under regulation 17	the proportion of 13.60 worked out under regulation 17
4	Regional Queensland	3	1.70	13.60
5	Mildura/Sunraysia	2	0.10	0.80
6	Tasmania	2	0.83	6.64
7	Darwin	2	0.41	3.28
8	Griffith and Murrumbidgee Irrigation Area	2	0.07	0.56
9	Mount Gambier/ South East	1	0.34	2.38
10	Riverland	1	0.06	0.48
11	Broken Hill	1	0.06	0.48
12	Spencer Gulf	1	0.34	3.06

Schedule 2—Digital conversion rebates for remote licence areas

(regulations 13, 15, 16 and 17A)

Column 1	Column 2	Column 3	Column 4	Column 5
Item	Licence area	No. of licensees	Maximum rebate entitlement per financial year for each licensee ($m.)	Total rebate entitlement for each licensee ($m.)
1	Remote Central and Eastern TV1	1	0.20	0.60
2	Remote and Regional WA TV1	1	0.66	5.28
3	Western Zone TV1	1	0.19 in accordance with regulation 17A	1.52
4	Kalgoorlie TV1	1	0.19 in accordance with regulation 17A	1.52
5	Geraldton TV1	1	0.19 in accordance with regulation 17A	1.52
6	South West and Great Southern TV1	1	0.19 in accordance with regulation 17A	1.52

Endnotes

Endnote 1—About the endnotes

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

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 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.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment 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

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3—Legislation history

Number and year	Registration	Commencement	Application, saving and transitional provisions
1990 No. 3	25 Jan 1990	25 Jan 1990
1991 No. 79	30 Apr 1991	1 Jan 1991	r. 3
1992 No. 448	24 Dec 1992	24 Dec 1992	—
1996 No. 323	23 Dec 1996	Part 2: 25 Jan 1990 Part 3: 1 Jan 1991 Remainder: 23 Dec 1996	r. 7
2000 No. 277	12 Oct 2000	12 Oct 2000	—
2002 No. 336	20 Dec 2002	rr. 1–3 and Schedule 1: 12 October 2000 Remainder: 20 Dec 2002	—
2008 No. 67	2 May 2008 (see F2008L01138)	3 May 2008	—
2010 No. 141	17 June 2010 (see F2010L01591)	18 June 2010	—
2012 No. 31	22 Mar 2012 (see F2012L00659)	23 Mar 2012	—
2012 No. 287	10 Dec 2012 (see F2012L02375)	11 Dec 2012	—
52, 2013	11 Apr 2013 (see F2013L00646)	12 Apr 2013	—

Name	Registration	Commencement	Application, saving and transitional provisions
Television Licence Fees Amendment (Licence Fee Rebate) Regulation 2016	5 May 2016 (F2016L00664)	6 May 2016 (s 2(1) item 1)	—

Endnote 4—Amendment history

Provision affected	How affected
Part 1
Heading to Part 1...........	ad. 2000 No. 277
r. 1.....................	rs. 2000 No. 277
r. 2.....................	am. 1991 No. 79; 1992 No. 448; 1996 No. 323; 2000 No. 277; 2002 No. 336
Part 2
Heading to Part 2...........	ad. 2000 No. 277
	rep. 2002 No. 336
r. 2A....................	ad. 1991 No. 79
	am. 2000 No. 277
	rep. 2002 No. 336
rr. 2AA, 2AB..............	ad. 1996 No. 323
	rep. 2002 No. 336
rr. 3, 4...................	am. 1991 No. 79; 1992 No. 448; 1996 No. 323
	rep. 2002 No. 336
r. 5.....................	ad. 1991 No. 79
	am. 1992 No. 448; 1996 No. 323
	rep. 2002 No. 336
r. 6.....................	ad. 1991 No. 79
	am. 1992 No. 448; 1996 No. 323
	rep. 2002 No. 336
Notes to r. 6(6) (Examples 1, 2, 3)	rep. 2000 No. 277
r. 7.....................	ad. 1992 No. 448
	am. 1996 No. 323
	rep. 2002 No. 336
rr. 8–10..................	ad. 1992 No. 448
	rep. 2002 No. 336
r. 11....................	ad. 2000 No. 277
	rep. 2002 No. 336
Part 3
Part 3...................	ad. 2000 No. 277
r. 12....................	ad. 2000 No. 277
	am. 2002 No. 336
r. 13....................	ad. 2000 No. 277
	am. 2002 No. 336; 2008 No. 67
Heading to r. 14............	rs. 2008 No. 67
r. 14....................	ad. 2000 No. 277
	am. 2002 No. 336; 2008 No. 67
Note 1 to r. 14(3)...........	rs. 2008 No. 64
Note 1A to r. 14(3)..........	ad. 2008 No. 64
Note 2 to r. 14(3)...........	am. 2008 No.64
R.15....................	ad. 2000 No. 277
	am. 2002 No. 336; 2008 No. 67
r. 16....................	ad. 2000 No. 277
	am. 2002 No. 336; 2008 No. 67
r. 17....................	ad. 2000 No. 277
	am. 2002 No. 336
r. 17A...................	ad. 2008 No. 67
r. 18....................	ad. 2000 No. 277
	rep. 2002 No. 336
r. 19....................	ad. 2000 No. 277
	am. 2008 No. 67
Part 4
Part 4...................	ad. 2010 No. 141
r. 20....................	ad. 2010 No. 141
	am. No. 52, 2013; F2016L00664
r. 21....................	ad. 2010 No. 141
	am. 2012 No. 287
	rs F2016L00664
r. 22....................	ad. 2010 No. 141
	am. 2012 No. 287
	rep F2016L00664
r. 23....................	ad. 2010 No. 141
	am. 2012 Nos. 31 and 287; No. 52, 2013
	(2A) exp 30 June 2013 (r 23(2B))
	(2B) exp 30 June 2013 (r 23(2B))
	am F2016L00664
r. 24....................	ad. 2010 No. 141
	am F2016L00664
r. 25....................	ad. 2010 No. 141
Schedule 1
Schedule 1................	ad. 2000 No. 277
	rs. 2002 No. 336
Schedule 2
Schedule 2................	ad. 2002 No. 336
	rs. 2008 No. 67