These Regulations are the Broadcasting Services (Datacasting Charge) Regulations 2001.

These Regulations commence on 1 January 2002.

In these Regulations:

ABA means the Australian Broadcasting Authority.

Act means the Broadcasting Services Act 1992.

charge means a charge imposed by section 6 of the Datacasting Charge (Imposition) Act 1998.

chargeable datacasting services, in relation to a licensee, means datacasting services (excluding designated teletext services) provided under the authority of a datacasting licence and transmitted under the authority of a transmitter licence.

charge calculation period, in relation to a licensee, means the period of 12 months used by the licensee to calculate its gross earnings for section 6 of the Television Licence Fees Act 1964 that ended during the financial year for which a charge is imposed.

datacasting licence means a datacasting licence under Schedule 6 to the Act.

designated teletext services has the same meaning as in Schedule 4 to the Act.

gross earnings means a licensee’s gross earnings from chargeable datacasting services.

licensee means the holder of a transmitter licence.

transmitter licence means a transmitter licence issued under the Radiocommunications Act 1992 and in respect of which a charge is imposed under section 6 of the Datacasting Charge (Imposition) Act 1998.

4 Licensee to keep accounts  datacasting services

(1) A licensee commits an offence if:

(a) the licensee does not keep and maintain, in a recognised business or commercial form, financial accounts in relation to chargeable datacasting services provided by the licensee; or

(b) the licensee does not make those accounts available for inspection by the ABA or an authorised officer when requested to do so; or

(i) an audited balance-sheet and an audited profit and loss account, in a form approved by the ABA, in relation to the chargeable datacasting services provided for that period; and

(ii) a statutory declaration stating the gross earnings in relation to the chargeable datacasting services provided during that period; or

(d) the licensee does not keep such records in respect of the chargeable datacasting services provided by the licensee as the ABA directs, and does not give copies of those records to the ABA when requested to do so.

Penalty: 250 penalty units.

(2) The declaration referred to in subparagraph (1) (c) (ii) must be made by the chief executive officer or secretary of the licensee.

(3) In this regulation:

authorised officer means a member, an associate member or a member of the staff of the ABA, authorised by the ABA in writing for the purposes of this section.

5 Payment of charge

(1) If a licensee pays an amount that the licensee believes is the charge that is due and payable in relation to the chargeable datacasting services provided, the licensee must, in a notice accompanying the payment, inform the ABA, in a form approved by the ABA, of the manner of working out the amount paid.

(2) If:

(a) the ABA, having regard to the documents given to it under these Regulations, works out the amount of the charge that is due and payable in relation to the chargeable datacasting services provided by the licensee; and

(b) the amount worked out is not the same as the amount paid;

the ABA must give the licensee, as soon as practicable, a notice in writing:

(d) setting out details of how the amount was worked out; and

(e) if the amount paid is more than the amount worked out, specifying the amount overpaid; and

(f) if the amount paid is less than the amount worked out, specifying the amount unpaid; and

(g) if the ABA is satisfied that the licensee deliberately miscalculated the amount of the charge  stating that it is so satisfied.

(3) If the notice given to the licensee under subsection (2) specifies an amount overpaid, the ABA must, within 21 days after the day the notice was issued, arrange for the amount to be refunded to the licensee.

Note Subclause 51 (2) of Schedule 4 to the Act sets out when a charge is payable in respect of a transmitter licence. The Datacasting Charge (Amount) Determination 2001, made by the Australian Communications Authority under subsection 7 (1) of the Datacasting Charge (Imposition) Act 1998, sets out how the charge is to be calculated.

Note

1. Notified in the Commonwealth of Australia Gazette on 21 December 2001.