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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Broadcasting Legislation Amendment
(Broadcasting Reform) Bill 2017
No. , 2017
(Communications and the Arts)
A Bill for an Act to amend legislation relating to
broadcasting, and for other purposes
No. , 2017
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Abolition of the 75% audience reach rule
4
Broadcasting Services Act 1992
4
Schedule 2--Abolition of the 2 out of 3 cross-media control rule
5
Broadcasting Services Act 1992
5
Schedule 3--Local programming requirements for regional
commercial television broadcasting licensees
7
Part 1--New local programming requirements
7
Broadcasting Services Act 1992
7
Part 2--Abolition of old local programming requirements
17
Broadcasting Services Act 1992
17
Schedule 4--Anti-siphoning
18
Part 1--Amendments
18
Broadcasting Services Act 1992
18
Broadcasting Services (Events) Notice (No. 1) 2010
19
Part 2--Transitional
23
Schedule 5--Abolition of licence fees and datacasting charges
24
Part 1--Repeals
24
Division 1--Repeals
24
Broadcasting Services (Datacasting Charge) Regulations 2001
24
Datacasting Charge (Imposition) Act 1998
24
Datacasting Transmitter Licence Fees Act 2006
24
Radio Licence Fees Act 1964
24
Television Licence Fees Act 1964
24
Division 2--Application provisions
25
Part 2--Amendments
27
ii
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
No. , 2017
Division 1--Amendments
27
Australian Communications and Media Authority Act 2005
27
Broadcasting Services Act 1992
27
Radiocommunications Act 1992
28
Division 2--Application provisions
28
Division 3--Refund of overpayments
30
Schedule 6--Taxation and transitional support payments
31
Part 1--General amendments
31
Australian Communications and Media Authority Act 2005
31
Broadcasting Services Act 1992
31
Radiocommunications Act 1992
36
Radiocommunications Taxes Collection Act 1983
38
Part 2--Termination of the liability of commercial
broadcasters to pay transmitter licence tax
44
Radiocommunications (Transmitter Licence Tax) Act 1983
44
Part 3--Transitional support payments
48
Schedule 7--Review of taxation arrangements etc.
53
Broadcasting Services Act 1992
53
No. , 2017
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
1
A Bill for an Act to amend legislation relating to
1
broadcasting, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Broadcasting Legislation Amendment
5
(Broadcasting Reform) Act 2017.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1
and 2
The day after this Act receives the Royal
Assent.
3. Schedule 3,
Part 1
The day after this Act receives the Royal
Assent.
4. Schedule 3,
Part 2
The day after the end of the period of 6
months beginning on the day after this Act
receives the Royal Assent.
5. Schedule 4
The day after this Act receives the Royal
Assent.
6. Schedule 5,
item 1
The day after this Act receives the Royal
Assent.
7. Schedule 5,
item 2
1 July 2016.
1 July 2016
8. Schedule 5,
items 3 to 5
1 January 2017.
1 January 2017
9. Schedule 5,
item 6
The day after this Act receives the Royal
Assent.
10. Schedule 5,
item 7
1 July 2016.
1 July 2016
11. Schedule 5,
items 8 to 10
1 January 2017.
1 January 2017
12. Schedule 5,
Part 2
The day after this Act receives the Royal
Assent.
13. Schedule 6,
Part 1
The day after this Act receives the Royal
Assent.
14. Schedule 6,
Part 2
1 July 2017.
1 July 2017
15. Schedule 6,
Part 3
The day after this Act receives the Royal
Assent.
16. Schedule 7
The day after this Act receives the Royal
No. , 2017
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Note:
The provisions of the Broadcasting Services (Events) Notice (No. 1)
12
2010 amended or inserted by this Act, and any other provisions of that
13
notice, may be amended or repealed by a legislative instrument made
14
under section 115 of the Broadcasting Services Act 1992 (see
15
subsection 13(5) of the Legislation Act 2003).
16
Schedule 1 Abolition of the 75% audience reach rule
4
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
No. , 2017
Schedule 1--Abolition of the 75% audience
1
reach rule
2
3
Broadcasting Services Act 1992
4
1 Subsection 53(1)
5
Repeal the subsection.
6
2 Subsection 53(2)
7
Omit "(2)".
8
3 Subsections 55(1) and (2)
9
Repeal the subsections.
10
Abolition of the 2 out of 3 cross-media control rule Schedule 2
No. , 2017
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
5
Schedule 2--Abolition of the 2 out of 3
1
cross-media control rule
2
3
Broadcasting Services Act 1992
4
1 Section 61AA (definition of unacceptable 3-way control
5
situation)
6
Repeal the definition.
7
2 Section 61AEA
8
Repeal the section.
9
3 Subdivision BA of Division 5A of Part 5
10
Repeal the Subdivision.
11
4 Section 61ANA
12
Repeal the section.
13
5 Subsection 61AP(1)
14
Omit "or 61ANA".
15
6 Subsection 61AP(3A)
16
Repeal the subsection.
17
7 Paragraph 61AP(6)(c)
18
Omit "or 61ANA, as the case may be".
19
8 Paragraph 61AQ(1)(a)
20
Omit "or 61ANA".
21
9 Subsection 61AR(1)
22
Omit "or 61ANA".
23
10 Paragraph 61AS(1)(b)
24
Omit "area;", substitute "area.".
25
Schedule 2 Abolition of the 2 out of 3 cross-media control rule
6
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
No. , 2017
11 Paragraph 61AS(1)(c)
1
Repeal the paragraph.
2
12 Subparagraph 61AZ(1)(b)(ii)
3
Omit "and".
4
13 Paragraph 61AZ(1)(c)
5
Repeal the paragraph.
6
14 Subsection 204(1) (table)
7
Omit:
8
9
Refusal to approve
transaction or
determination of
period of approval
Section 61AJ or
61AMC
The applicant for
approval
Refusal to extend
time for compliance
Section 61AK or
61AMD
The applicant
10
substitute:
11
12
Refusal to approve
transaction or
determination of
period of approval
Section 61AJ
The applicant for
approval
Refusal to extend
time for compliance
Section 61AK
The applicant
15 Section 205Q
13
Omit "26AA, 61AH or 61AMB", substitute "26AA or 61AH".
14
Local programming requirements for regional commercial television broadcasting
licensees Schedule 3
New local programming requirements Part 1
No. , 2017
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
7
Schedule 3--Local programming
1
requirements for regional commercial
2
television broadcasting licensees
3
Part 1--New local programming requirements
4
Broadcasting Services Act 1992
5
1 After Division 5C of Part 5
6
Insert:
7
Division 5D--Local programming requirements for
8
regional commercial television broadcasting
9
licensees
10
61CU Definitions
11
In this Division:
12
eligible period has the meaning given by section 61CY.
13
local area: the local programming determination may provide that
14
a specified area is a local area in relation to a specified regional
15
commercial television broadcasting licence.
16
local programming determination means the determination made
17
under section 61CZ.
18
material of local significance, in relation to a local area, has the
19
meaning given by the local programming determination. The
20
definition of material of local significance must be broad enough
21
to cover news that relates directly to the local area concerned.
22
points: see section 61CY.
23
regional aggregated commercial television broadcasting licence
24
means a commercial television broadcasting licence for any of the
25
following licence areas:
26
(a) Northern New South Wales TV1;
27
(b) Southern New South Wales TV1;
28
Schedule 3 Local programming requirements for regional commercial television
broadcasting licensees
Part 1 New local programming requirements
8
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
No. , 2017
(c) Regional Victoria TV1;
1
(d) Eastern Victoria TV1;
2
(e) Western Victoria TV1;
3
(f) Regional Queensland TV1;
4
(g) Tasmania TV1.
5
regional commercial television broadcasting licence means:
6
(a) a regional aggregated commercial television broadcasting
7
licence; or
8
(b) a regional non-aggregated commercial television
9
broadcasting licence.
10
regional non-aggregated commercial television broadcasting
11
licence means a commercial television broadcasting licence for any
12
of the following licence areas:
13
(a) Broken Hill TV1;
14
(b) Darwin TV1;
15
(c) Geraldton TV1;
16
(d) Griffith and MIA TV1;
17
(e) Kalgoorlie TV1;
18
(f) Mildura/Sunraysia TV1;
19
(g) Mount Gambier/South East TV1;
20
(h) Mt Isa TV1;
21
(i) Remote and Regional WA TV1;
22
(j) Riverland TV1;
23
(k) South West and Great Southern TV1;
24
(l) Spencer Gulf TV1.
25
timing period has the meaning given by section 61CY.
26
trigger event has the meaning given by section 61CV.
27
week means a period of 7 days starting on a Sunday.
28
61CV Trigger event
29
For the purposes of this Division, if:
30
(a) a person starts to be in a position to exercise control of a
31
commercial television broadcasting licence; and
32
(b) immediately after that event:
33
Local programming requirements for regional commercial television broadcasting
licensees Schedule 3
New local programming requirements Part 1
No. , 2017
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
9
(i) the person is in a position to exercise control of 2 or
1
more commercial television broadcasting licences; and
2
(ii) the combined licence area populations of those licences
3
exceed 75% of the population of Australia; and
4
(iii) at least one of those licences is a regional commercial
5
television broadcasting licence;
6
that event is a trigger event for each of those licences that is a
7
regional commercial television broadcasting licence.
8
61CW Local programming requirements for regional aggregated
9
commercial television broadcasting licensees
10
Trigger event occurs--ongoing requirements
11
(1) If:
12
(a) a trigger event for a regional aggregated commercial
13
television broadcasting licence occurs on a particular day;
14
and
15
(b) that event is the first or only trigger event for the licence;
16
the licensee must broadcast, to each local area, material of local
17
significance in order to accumulate at least:
18
(c) 900 points in each timing period that begins after the end of
19
the period of 6 months beginning on that day; and
20
(d) 120 points in each week that is included in a timing period
21
covered by paragraph (c).
22
Trigger event occurs--transitional requirements
23
(2) If:
24
(a) a trigger event for a regional aggregated commercial
25
television broadcasting licence occurs on a particular day;
26
and
27
(b) that event is the first or only trigger event for the licence;
28
the licensee must broadcast, to each local area, material of local
29
significance in order to accumulate at least:
30
(c) 720 points in each timing period that:
31
(i) begins before the end of the period of 6 months
32
beginning on that day; and
33
(ii) does not end before that day; and
34
Schedule 3 Local programming requirements for regional commercial television
broadcasting licensees
Part 1 New local programming requirements
10
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
No. , 2017
(iii) begins after the end of the period of 6 months beginning
1
at the commencement of this subsection; and
2
(d) 90 points in each week that is included in a timing period
3
covered by paragraph (c).
4
Note:
The Broadcasting Services (Additional Television Licence Condition)
5
Notice 2014 imposes local programming requirements for a timing
6
period that begins before the end of the period of 6 months beginning
7
at the commencement of this subsection.
8
No trigger event has occurred
9
(3) If no trigger event for a regional aggregated commercial television
10
broadcasting licence has occurred, the licensee must broadcast, to
11
each local area, material of local significance in order to
12
accumulate at least:
13
(a) 720 points in each timing period that begins after the end of
14
the period of 6 months beginning at the commencement of
15
this subsection; and
16
(b) 90 points in each week that is included in a timing period
17
covered by paragraph (a).
18
Note:
The Broadcasting Services (Additional Television Licence Condition)
19
Notice 2014 imposes local programming requirements for a timing
20
period that begins before the end of the period of 6 months beginning
21
at the commencement of this subsection.
22
61CX Local programming requirements for regional
23
non-aggregated commercial television broadcasting
24
licensees
25
Trigger event occurs
26
(1) If:
27
(a) a trigger event for a regional non-aggregated commercial
28
television broadcasting licence occurs on a particular day;
29
and
30
(b) that event is the first or only trigger event for the licence;
31
the licensee must broadcast, to each local area, material of local
32
significance in order to accumulate at least:
33
(c) 360 points in each timing period that begins after the end of
34
the period of 6 months beginning on that day; and
35
Local programming requirements for regional commercial television broadcasting
licensees Schedule 3
New local programming requirements Part 1
No. , 2017
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
11
(d) 45 points in each week that is included in a timing period
1
covered by paragraph (c).
2
Exemption--licences granted under section 38A or 38B
3
(2) Subsection (1) does not apply to a licence granted under
4
section 38A or 38B.
5
61CY Points system
6
Eligible periods
7
(1) For the purposes of this Division, points are accumulated during
8
the following eligible periods:
9
(a) from 6:30 am to midnight on Monday to Friday;
10
(b) from 8:00 am to midnight on Saturday and Sunday.
11
Timing periods
12
(2) For the purposes of this Division, points are calculated during the
13
following timing periods:
14
(a) the period of 6 weeks starting on the first Sunday in February
15
in a year;
16
(b) each subsequent period of 6 weeks until the end of the 42nd
17
week after the first Sunday in February;
18
(c) the period:
19
(i) starting at the end of the 42nd week after the first
20
Sunday in February; and
21
(ii) ending immediately before the first Sunday in February
22
in the following year.
23
Note 1:
A licensee is not able to accumulate points during the period specified
24
in subsection (4).
25
Note 2:
See also subsection (9).
26
Points for material of local significance
27
(3) Subject to subsections (4) to (8), material of local significance
28
accumulates points in a local area according to the following table.
29
Schedule 3 Local programming requirements for regional commercial television
broadcasting licensees
Part 1 New local programming requirements
12
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
No. , 2017
Points
Item
Material
Points for each
minute of
material
1
News that:
(a) is broadcast during an eligible period by a licensee
covered by subsection 61CW(1) or 61CX(1); and
(b) has not previously been broadcast to the local area
during an eligible period; and
(c) depicts people, places or things in the local area; and
(d) meets such other requirements (if any) as are set out
in the local programming determination.
3
2
News that:
(a) is broadcast during an eligible period; and
(b) has not previously been broadcast to the local area
during an eligible period; and
(c) relates directly to the local area; and
(d) is not covered by item 1.
2
3
Other material that:
(a) is broadcast during an eligible period; and
(b) except in the case of a community service
announcement--has not previously been broadcast to
the local area during an eligible period; and
(c) relates directly to the local area.
1
4
News that:
(a) is broadcast during an eligible period; and
(b) has not previously been broadcast to the local area
during an eligible period; and
(c) relates directly to the licensee's licence area.
1
5
Other material that:
(a) is broadcast during an eligible period; and
(b) except in the case of a community service
announcement--has not previously been broadcast to
the local area during an eligible period; and
(c) relates directly to the licensee's licence area.
1
Local programming requirements for regional commercial television broadcasting
licensees Schedule 3
New local programming requirements Part 1
No. , 2017
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
13
Limits on material in the timing period starting at the end of the
1
42nd week
2
(4) For the timing period mentioned in paragraph (2)(c), points cannot
3
be accumulated:
4
(a) for 4 weeks from and including the week of the timing period
5
that includes 15 December; and
6
(b) for any week between the end of the tenth week of the timing
7
period mentioned in paragraph (2)(c) and the beginning of
8
the timing period mentioned in paragraph (2)(a).
9
Note:
See also subsection (10).
10
Limits on material that relates directly to the licensee's licence
11
area
12
(5) Except for service licence numbers 104 and 106, not more than
13
50% of the points accumulated in a local area during a timing
14
period is to be attributable to material that relates directly to the
15
licensee's licence area.
16
(6) For service licence numbers 104 and 106, not more than 50% of
17
the points accumulated in a local area during a timing period is to
18
be attributable to material that relates directly to the combined
19
licence areas of the licensees for service licence numbers 104 and
20
106.
21
Limits on community service announcements
22
(7) Points may be accumulated in a local area for:
23
(a) the first broadcast of a community service announcement in
24
the area; and
25
(b) not more than 4 repeats of the community service
26
announcement in the area.
27
(8) Despite subsection (7), not more than 10% of the points
28
accumulated in a local area during a timing period is to be
29
attributable to material of local significance in the form of
30
community service announcements.
31
(9) The local programming determination may, with the written
32
consent of the licensee of a regional non-aggregated commercial
33
Schedule 3 Local programming requirements for regional commercial television
broadcasting licensees
Part 1 New local programming requirements
14
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
No. , 2017
television broadcasting licence, modify subsection (2) so far as that
1
subsection applies in relation to the licence.
2
(10) The local programming determination may, with the written
3
consent of the licensee of a regional non-aggregated commercial
4
television broadcasting licence, modify subsection (4) so far as that
5
subsection applies in relation to the licence.
6
61CZ Local programming determination
7
(1) The ACMA may, by legislative instrument, make a determination
8
(the local programming determination) prescribing matters
9
required or permitted by this Act to be prescribed by the local
10
programming determination.
11
(2) The ACMA must take all reasonable steps to ensure that the local
12
programming determination is in force under subsection (1) at all
13
times after the end of the 6-month period that began at the
14
commencement of this section.
15
61CZA Record-keeping requirements
16
Scope
17
(1) This section applies if the licensee of a regional commercial
18
television broadcasting licence is subject to a requirement under
19
section 61CW or 61CX.
20
Requirements
21
(2) The licensee must:
22
(a) make a record, in audiovisual form, of material of local
23
significance that the licensee has broadcast in any of its local
24
areas; and
25
(b) retain the record for:
26
(i) 30 days after the end of the timing period to which the
27
record relates; or
28
(ii) if the ACMA directs the licensee to retain the record for
29
a longer period--that longer period; and
30
(c) on request by the ACMA, provide the ACMA with access to
31
the record.
32
Local programming requirements for regional commercial television broadcasting
licensees Schedule 3
New local programming requirements Part 1
No. , 2017
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
15
(3) The licensee must comply with any directions by the ACMA
1
about:
2
(a) what a record made under subsection (2) must cover; or
3
(b) how the record must be made or retained.
4
61CZB Licensee must submit compliance reports
5
Scope
6
(1) This section applies if:
7
(a) a trigger event for a regional commercial television
8
broadcasting licence occurs on a particular day; and
9
(b) that event is the first or only trigger event for the licence.
10
Reports
11
(2) The licensee must give to the ACMA:
12
(a) a report covering the licensee's compliance with the
13
requirements of this Division during the 12-month period
14
(the initial reporting period) beginning immediately after the
15
end of the 6-month period that began on the day the trigger
16
event happened; and
17
(b) a report covering the licensee's compliance with the
18
requirements of this Division during the 12-month period
19
beginning immediately after the end of the initial reporting
20
period.
21
Timing of reports
22
(3) The licensee must give a copy of a report under this section to the
23
ACMA within 28 days of the end of the period covered by the
24
report.
25
Other requirements
26
(4) A report under this section must:
27
(a) be in a form approved in writing by the ACMA; and
28
(b) set out such information as the ACMA requires.
29
Schedule 3 Local programming requirements for regional commercial television
broadcasting licensees
Part 1 New local programming requirements
16
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
No. , 2017
61CZC Review of local programming requirements
1
(1) The ACMA must:
2
(a) conduct a review of the following matters:
3
(i) the operation of this Division;
4
(ii) the operation of the local programming determination;
5
(iii) the operation of paragraph 7(2)(ba) of Schedule 2; and
6
(b) do so within 30 months after the commencement of this
7
section.
8
(2) The ACMA must prepare a report of the review under
9
subsection (1).
10
(3) The ACMA must give the report to the Minister.
11
(4) The Minister must cause copies of the report to be tabled in each
12
House of the Parliament within 15 sitting days of that House after
13
the day on which the Minister receives the report.
14
61CZD Minister may direct the ACMA about the exercise of its
15
powers
16
(1) The Minister may, by legislative instrument, give a direction to the
17
ACMA about the exercise of the powers conferred on the ACMA
18
by this Division (other than section 61CZC).
19
(2) The ACMA must comply with a direction under subsection (1).
20
2 After paragraph 7(2)(b) of Schedule 2
21
Insert:
22
(ba) if a requirement under Division 5D of Part 5 (which sets out
23
local programming requirements) applies to the licensee--the
24
licensee will comply with that requirement;
25
Local programming requirements for regional commercial television broadcasting
licensees Schedule 3
Abolition of old local programming requirements Part 2
No. , 2017
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
17
Part 2--Abolition of old local programming
1
requirements
2
Broadcasting Services Act 1992
3
3 Section 43A
4
Repeal the section.
5
4 Revocation of the Broadcasting Services (Additional
6
Television Licence Condition) Notice 2014
7
(1)
The ACMA is taken:
8
(a) to have revoked the Broadcasting Services (Additional
9
Television Licence Condition) Notice 2014; and
10
(b) to have done so under subsection 43(1) of the Broadcasting
11
Services Act 1992 immediately after the commencement of
12
this item.
13
(2)
Subsections 43(2) and (3) of the Broadcasting Services Act 1992 do not
14
apply to a revocation under subitem (1).
15
(3)
Despite the revocation of the Broadcasting Services (Additional
16
Television Licence Condition) Notice 2014 by this item, that notice
17
continues to apply, in relation to material broadcast during:
18
(a) a timing period that began before the commencement of this
19
item; or
20
(b) a week that is included in a timing period covered by
21
paragraph (a);
22
as if that revocation had not happened.
23
Schedule 4 Anti-siphoning
Part 1 Amendments
18
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
No. , 2017
Schedule 4--Anti-siphoning
1
Part 1--Amendments
2
Broadcasting Services Act 1992
3
1 Subsection 115(1AA)
4
Omit "2,016", substitute "4,368".
5
2 Paragraph 7(1)(ob) of Schedule 2
6
Repeal the paragraph.
7
3 Clause 1 of Schedule 4
8
Omit:
9
Commercial television licensees and national broadcasters who
10
provide SDTV or HDTV multi-channelled television broadcasting
11
services are subject to restrictions regarding the televising of
12
anti-siphoning events and parts of anti-siphoning events.
13
4 Part 4A of Schedule 4 (heading)
14
Repeal the heading, substitute:
15
Part 4A--Primary television broadcasting services
16
5 Clause 41E of Schedule 4
17
Repeal the clause.
18
6 Clause 41FA of Schedule 4
19
Repeal the clause.
20
7 Clause 41K of Schedule 4
21
Repeal the clause.
22
8 Clause 41LA of Schedule 4
23
Repeal the clause.
24
Anti-siphoning Schedule 4
Amendments Part 1
No. , 2017
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
19
Broadcasting Services (Events) Notice (No. 1) 2010
1
9 Schedule
2
Repeal the Schedule, substitute:
3
Schedule
4
5
6
1 Olympic Games
7
(1) Each event held as part of the Summer Olympic Games, including
8
the Opening Ceremony and the Closing Ceremony.
9
(2) Each event held as part of the Winter Olympic Games, including
10
the Opening Ceremony and the Closing Ceremony.
11
2 Commonwealth Games
12
Each event held as part of the Commonwealth Games, including
13
the Opening Ceremony and the Closing Ceremony.
14
3 Horse racing
15
Each running of the Melbourne Cup organised by the Victoria
16
Racing Club.
17
4 Australian rules football
18
Each match in the Australian Football League Premiership
19
competition (including the Finals Series).
20
5 Rugby league football
21
(1) Each match in the National Rugby League Premiership
22
competition (including the Finals Series).
23
(2) Each match in the National Rugby League State of Origin Series.
24
(3) Each international rugby league test match that:
25
(a) involves the senior Australian representative team; and
26
(b) is played in Australia or New Zealand.
27
Schedule 4 Anti-siphoning
Part 1 Amendments
20
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
No. , 2017
(4) Each match of the Rugby League World Cup that:
1
(a) involves the senior Australian representative team; and
2
(b) is played in Australia, New Zealand or Papua New Guinea.
3
6 Rugby union football
4
(1) Each international test match that:
5
(a) involves the senior Australian representative team selected by
6
the Australian Rugby Union; and
7
(b) is played in Australia or New Zealand.
8
(2) Each match of the Rugby World Cup tournament that involves the
9
senior Australian representative team selected by the Australian
10
Rugby Union.
11
(3) The final of the Rugby World Cup tournament.
12
7 Cricket
13
(1) Each test match that:
14
(a) involves the senior Australian representative team selected by
15
Cricket Australia; and
16
(b) is played in Australia.
17
(2) Each test match that:
18
(a) involves both:
19
(i) the senior Australian representative team selected by
20
Cricket Australia; and
21
(ii) the senior English representative team; and
22
(b) is played in the United Kingdom.
23
(3) Each one day cricket match that:
24
(a) involves the senior Australian representative team selected by
25
Cricket Australia; and
26
(b) is played in Australia.
27
(4) Each Twenty20 cricket match that:
28
(a) involves the senior Australian representative team selected by
29
Cricket Australia; and
30
(b) is played in Australia.
31
Anti-siphoning Schedule 4
Amendments Part 1
No. , 2017
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
21
(5) Each match of the International Cricket Council One Day
1
International World Cup that:
2
(a) involves the senior Australian representative team selected by
3
Cricket Australia; and
4
(b) is played in Australia or New Zealand.
5
(6) The final of the International Cricket Council One Day
6
International World Cup if the final is played in Australia or New
7
Zealand.
8
(7) Each match of the International Cricket Council World Twenty20
9
tournament that:
10
(a) involves the senior Australian representative team selected by
11
Cricket Australia; and
12
(b) is played in Australia or New Zealand.
13
(8) The final of the International Cricket Council World Twenty20
14
tournament if the final is played in Australia or New Zealand.
15
8 Soccer
16
(1) Each match of the Fédération Internationale de Football
17
Association World Cup tournament that involves the senior
18
Australian representative team selected by the Football Federation
19
Australia.
20
(2) The final of the Fédération Internationale de Football Association
21
World Cup tournament.
22
(3) Each match in the Fédération Internationale de Football
23
Association World Cup Qualification tournament that:
24
(a) involves the senior Australian representative team selected by
25
the Football Federation Australia; and
26
(b) is played in Australia.
27
9 Tennis
28
(1) Each match in the Australian Open tennis tournament.
29
(2) Each match in each tie of the International Tennis Federation Davis
30
Cup World Group tennis tournament that:
31
(a) involves an Australian representative team; and
32
Schedule 4 Anti-siphoning
Part 1 Amendments
22
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
No. , 2017
(b) is played in Australia.
1
(3) The final of the International Tennis Federation Davis Cup World
2
Group tennis tournament if the final involves an Australian
3
representative team.
4
10 Netball
5
(1) A semi-final of the Netball World Cup if the semi-final involves
6
the senior Australian representative team selected by the All
7
Australian Netball Association.
8
(2) The final of the Netball World Cup if the final involves the senior
9
Australian representative team selected by the All Australian
10
Netball Association.
11
11 Motor sports
12
(1) Each race in the Fédération Internationale de l'Automobile
13
Formula One World Championship (Grand Prix) held in Australia.
14
(2) Each race in the Fédération Internationale de Motocyclisme
15
Moto-GP held in Australia.
16
(3) Each Bathurst 1000 race in the V8 Supercars Championship Series.
17
Anti-siphoning Schedule 4
Transitional Part 2
No. , 2017
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
23
Part 2--Transitional
1
10 Transitional
--subsection 115(1AA) of the Broadcasting
2
Services Act 1992
3
(1)
The amendment made by item 1 applies in relation to events:
4
(a) specified in a notice under subsection 115(1) of the
5
Broadcasting Services Act 1992 before the commencement of
6
that item and still specified in the notice at that
7
commencement; or
8
(b) specified in a notice under subsection 115(1) of the
9
Broadcasting Services Act 1992 at or after the
10
commencement of that item.
11
(2)
However, if the amendment made by item 1 would have the effect that
12
an event is taken to have been removed from a notice before the
13
commencement of that item, then, despite that amendment, the event is
14
taken to have been removed from the notice only from the time
15
immediately after the commencement of that item.
16
Schedule 5 Abolition of licence fees and datacasting charges
Part 1 Repeals
24
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
No. , 2017
Schedule 5--Abolition of licence fees and
1
datacasting charges
2
Part 1--Repeals
3
Division 1
--Repeals
4
Broadcasting Services (Datacasting Charge)
5
Regulations 2001
6
1 The whole of the Regulations
7
Repeal the Regulations.
8
Datacasting Charge (Imposition) Act 1998
9
2 The whole of the Act
10
Repeal the Act.
11
Datacasting Transmitter Licence Fees Act 2006
12
3 The whole of the Act
13
Repeal the Act.
14
Radio Licence Fees Act 1964
15
4 The whole of the Act
16
Repeal the Act.
17
Television Licence Fees Act 1964
18
5 The whole of the Act
19
Repeal the Act.
20
Abolition of licence fees and datacasting charges Schedule 5
Repeals Part 1
No. , 2017
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
25
Division 2
--Application provisions
1
6 Application
--repeal of the Broadcasting Services
2
(Datacasting Charge) Regulations 2001
3
Despite the repeal of the Broadcasting Services (Datacasting Charge)
4
Regulations 2001 by this Schedule, those regulations continue to apply,
5
in relation to:
6
(a) charge imposed by the Datacasting Charge (Imposition) Act
7
1998 on a transmitter licence in respect of:
8
(i) the financial year beginning on 1 July 2015; or
9
(ii) an earlier financial year; and
10
(b) chargeable datacasting services provided before 1 September
11
2016;
12
as if that repeal had not happened.
13
7 Application
--repeal of the Datacasting Charge (Imposition)
14
Act 1998
15
The repeal of the Datacasting Charge (Imposition) Act 1998 by this
16
Schedule does not apply to charge imposed on a transmitter licence in
17
respect of:
18
(a) the financial year beginning on 1 July 2015; or
19
(b) an earlier financial year.
20
8 Application
--repeal of the Datacasting Transmitter Licence
21
Fees Act 2006
22
The repeal of the Datacasting Transmitter Licence Fees Act 2006 by
23
this Schedule does not apply to a fee payable by a licensee on:
24
(a) 31 December 2016; or
25
(b) an earlier 31 December.
26
9 Application
--repeal of the Radio Licence Fees Act 1964
27
The repeal of the Radio Licence Fees Act 1964 by this Schedule does
28
not apply to a fee payable by a licensee on:
29
(a) 31 December 2016; or
30
(b) an earlier 31 December.
31
Schedule 5 Abolition of licence fees and datacasting charges
Part 1 Repeals
26
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
No. , 2017
10 Application
--repeal of the Television Licence Fees Act
1
1964
2
The repeal of the Television Licence Fees Act 1964 by this Schedule
3
does not apply to a fee payable by a licensee on:
4
(a) 31 December 2016; or
5
(b) an earlier 31 December.
6
Abolition of licence fees and datacasting charges Schedule 5
Amendments Part 2
No. , 2017
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
27
Part 2--Amendments
1
Division 1
--Amendments
2
Australian Communications and Media Authority Act 2005
3
11 Subparagraph 10(1)(o)(iv)
4
Repeal the subparagraph.
5
12 Subparagraph 10(1)(o)(v)
6
Omit "or".
7
13 Subparagraphs 10(1)(o)(vii) and (viii)
8
Repeal the subparagraphs.
9
Broadcasting Services Act 1992
10
14 Subsection 204(1) (table items dealing with
11
subsection 205B(2), subsection 205C(2) and
12
subsection 205D(4))
13
Repeal the items.
14
15 Part 14A
15
Repeal the Part.
16
16 Paragraph 7(1)(ia) of Schedule 2
17
Repeal the paragraph.
18
17 Paragraph 8(1)(ha) of Schedule 2
19
Repeal the paragraph.
20
18 Clause 1 of Schedule 4
21
Omit:
22
Schedule 5 Abolition of licence fees and datacasting charges
Part 2 Amendments
28
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
No. , 2017
An ACMA determination determines when charge imposed by the
1
Datacasting Charge (Imposition Act) 1998 is due and payable. The
2
ACMA may also impose a late payment penalty.
3
19 Part 6 of Schedule 4
4
Repeal the Part.
5
Radiocommunications Act 1992
6
20 Section 5 (definition of datacasting transmitter licence fee)
7
Repeal the definition.
8
21 Paragraphs 109A(1)(ba) and (bb)
9
Repeal the paragraphs.
10
Division 2
--Application provisions
11
22 Application
--collection of licence fees
12
(1)
Despite the repeal of sections 205A, 205C and 205D of the
13
Broadcasting Services Act 1992 by this Schedule, those sections
14
continue to apply, in relation to a fee imposed under:
15
(a) section 7 of the repealed Datacasting Transmitter Licence
16
Fees Act 2006; or
17
(b) section 5 of the repealed Radio Licence Fees Act 1964; or
18
(c) section 5 of the repealed Television Licence Fees Act 1964;
19
as if the first-mentioned repeal had not happened.
20
(2)
Despite the repeal of sections 205A and 205B of the Broadcasting
21
Services Act 1992 by this Schedule, those sections (other than
22
paragraph 205B(1)(c)) continue to apply:
23
(a) in relation to accounts and records in respect of the
24
2012-2013 accounting period--for 5 years after the end of
25
that accounting period; and
26
(b) in relation to accounts and records in respect of the
27
2013-2014 accounting period--for 5 years after the end of
28
that accounting period; and
29
Abolition of licence fees and datacasting charges Schedule 5
Amendments Part 2
No. , 2017
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
29
(c) in relation to accounts and records in respect of the
1
2014-2015 accounting period--for 5 years after the end of
2
that accounting period; and
3
(d) in relation to accounts and records in respect of the
4
2015-2016 accounting period--for 5 years after the end of
5
that accounting period;
6
as if the repeal had not happened.
7
(3)
Despite the amendments of section 204 of the Broadcasting Services
8
Act 1992 made by this Schedule, that section continues to apply, in
9
relation to a decision made under repealed subsection 205C(2) or
10
205D(4) of that Act, as if those amendments had not been made.
11
(4)
In this item:
12
2012-2013 accounting period means:
13
(a) the financial year ending on 30 June 2013; or
14
(b) if the relevant licensee adopted an accounting period, in
15
accordance with subsection 205B(2) of the Broadcasting
16
Services Act 1992, in substitution for that financial year--that
17
accounting period.
18
2013-2014 accounting period means:
19
(a) the financial year ending on 30 June 2014; or
20
(b) if the relevant licensee adopted an accounting period, in
21
accordance with subsection 205B(2) of the Broadcasting
22
Services Act 1992, in substitution for that financial year--that
23
accounting period.
24
2014-2015 accounting period means:
25
(a) the financial year ending on 30 June 2015; or
26
(b) if the relevant licensee adopted an accounting period, in
27
accordance with subsection 205B(2) of the Broadcasting
28
Services Act 1992, in substitution for that financial year--that
29
accounting period.
30
2015-2016 accounting period means:
31
(a) the financial year ending on 30 June 2016; or
32
(b) if the relevant licensee adopted an accounting period, in
33
accordance with subsection 205B(2) of the Broadcasting
34
Services Act 1992, in substitution for that financial year--that
35
accounting period.
36
Schedule 5 Abolition of licence fees and datacasting charges
Part 2 Amendments
30
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
No. , 2017
23 Application
--collection of datacasting charge
1
Despite the repeal of Part 6 of Schedule 4 to the Broadcasting Services
2
Act 1992 by this Schedule:
3
(a) that Part; and
4
(b) a determination made under that Part;
5
continue to apply, in relation to charge imposed by the Datacasting
6
Charge (Imposition) Act 1998 on a transmitter licence in respect of:
7
(c) the financial year beginning on 1 July 2015; or
8
(d) an earlier financial year;
9
as if the repeal had not happened.
10
Division 3
--Refund of overpayments
11
24 Refund of overpayments of licence fees
12
If there is an overpayment of a fee imposed under:
13
(a) section 7 of the repealed Datacasting Transmitter Licence
14
Fees Act 2006; or
15
(b) section 5 of the repealed Radio Licence Fees Act 1964; or
16
(c) section 5 of the repealed Television Licence Fees Act 1964;
17
the overpayment is to be refunded by the ACMA on behalf of the
18
Commonwealth.
19
25 Refund of overpayments of datacasting charge
20
If there is an overpayment of charge imposed under the repealed
21
Datacasting Charge (Imposition) Act 1998, the overpayment is to be
22
refunded by the ACMA on behalf of the Commonwealth.
23
Taxation and transitional support payments Schedule 6
General amendments Part 1
No. , 2017
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
31
Schedule 6--Taxation and transitional support
1
payments
2
Part 1--General amendments
3
Australian Communications and Media Authority Act 2005
4
1 At the end of paragraph 9(h)
5
Add:
6
or (vi) Part 14AA of the Broadcasting Services Act 1992;
7
2 Subparagraph 10(1)(o)(ii)
8
After "other than", insert "Part 14AA or".
9
Broadcasting Services Act 1992
10
3 Subsection 6(1)
11
Insert:
12
interim tax means tax imposed by the Commercial Broadcasting
13
(Tax) Act 2017.
14
transmitter licence has the same meaning as in the
15
Radiocommunications Act 1992.
16
4 Subsection 204(1) (after table item dealing with
17
subsection 146D(4))
18
Insert:
19
20
Refusal to remit the
whole or part of a late
payment penalty
Subsection 205AF(3)
The person liable to
pay the penalty
5 After Part 14
21
Insert:
22
Schedule 6 Taxation and transitional support payments
Part 1 General amendments
32
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
No. , 2017
Part 14AA--Collection and recovery of interim tax
1
2
205AA Simplified outline of this Part
3
•
The ACMA must make assessments of interim tax.
4
•
Interim tax is due and payable 28 days after the assessment is
5
given to the person to whom the assessment relates.
6
•
There is a penalty for late payment of interim tax.
7
•
Schemes to avoid interim tax are prohibited.
8
205AB Assessments
9
(1) If interim tax is payable by a person in relation to the issue of a
10
transmitter licence, the ACMA must:
11
(a) make a written assessment setting out the interim tax payable
12
by the person; and
13
(b) do so on, or as soon as practicable after, the later of the
14
following days:
15
(i) the day the licence was issued;
16
(ii) 1 December 2017.
17
(2) If interim tax is payable by a person in relation to an anniversary of
18
the day a transmitter licence came into force, the ACMA must:
19
(a) make a written assessment setting out the interim tax payable
20
by the person; and
21
(b) do so on, or as soon as practicable after, the later of the
22
following days:
23
(i) the anniversary;
24
(ii) 1 December 2017.
25
(3) If interim tax is payable by a person in relation to a transmitter
26
licence ceasing to be in force, the ACMA must:
27
(a) make a written assessment setting out the interim tax payable
28
by the person; and
29
(b) do so on, or as soon as practicable after, the later of the
30
following days:
31
Taxation and transitional support payments Schedule 6
General amendments Part 1
No. , 2017
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
33
(i) the day the licence ceased to be in force;
1
(ii) 1 December 2017.
2
(4) If interim tax is payable by a person in relation to the holding of a
3
transmitter licence at the start of 1 July 2017, the ACMA must:
4
(a) make a written assessment setting out the interim tax payable
5
by the person; and
6
(b) do so on, or as soon as practicable after, 1 December 2017.
7
Notification of assessment
8
(5) As soon as practicable after making an assessment under this
9
section, the ACMA must give a copy of the assessment to the
10
person to whom the assessment relates.
11
Variation of assessments
12
(6) The ACMA may vary an assessment made under this section by
13
making such alterations and additions as it thinks necessary, even
14
if interim tax has been paid in respect of an assessment.
15
(7) Unless the contrary intention appears, a varied assessment is taken,
16
for the purposes of this Part, to be an assessment under this section.
17
205AC When interim tax becomes due and payable
18
Interim tax becomes due and payable on:
19
(a) the 28th day after a copy of the assessment of the interim tax
20
was given to the person to whom the assessment relates; or
21
(b) if that assessment is varied--the 28th day after a copy of the
22
varied assessment was given to the person to whom the
23
varied assessment relates.
24
205AD Recovery of interim tax
25
Interim tax:
26
(a) is a debt due to the ACMA on behalf of the Commonwealth;
27
and
28
(b) may be recovered by the ACMA, on behalf of the
29
Commonwealth, in:
30
(i) the Federal Court; or
31
(ii) the Federal Circuit Court; or
32
Schedule 6 Taxation and transitional support payments
Part 1 General amendments
34
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
No. , 2017
(iii) a court of a State or Territory that has jurisdiction in
1
relation to the matter.
2
205AE Refund of overpayment of interim tax
3
If there is an overpayment of interim tax, the overpayment is to be
4
refunded by the ACMA on behalf of the Commonwealth.
5
205AF Late payment penalty
6
(1) If an amount of interim tax that is payable by a person remains
7
unpaid after the day on which it becomes due and payable, the
8
person is liable to pay a penalty (late payment penalty) on the
9
unpaid amount for each day until all of the interim tax has been
10
paid.
11
(2) The late payment penalty rate is 20% per year, or such lower rate
12
as the ACMA determines in writing for the purposes of this
13
subsection.
14
(3) The ACMA may remit the whole or part of a late payment penalty
15
that a person is liable to pay under subsection (1).
16
(4) The late payment penalty for a day is due and payable at the end of
17
that day.
18
(5) Late payment penalty:
19
(a) is a debt due to the ACMA on behalf of the Commonwealth;
20
and
21
(b) may be recovered by the ACMA, on behalf of the
22
Commonwealth, in:
23
(i) the Federal Court; or
24
(ii) the Federal Circuit Court; or
25
(iii) a court of a State or Territory that has jurisdiction in
26
relation to the matter.
27
(6) If the amount of the late payment penalty for a day is not an
28
amount of whole dollars, the late payment penalty is rounded to the
29
nearest dollar (rounding 50 cents upwards).
30
(7) If there is an overpayment of late payment penalty, the
31
overpayment is to be refunded by the ACMA on behalf of the
32
Commonwealth.
33
Taxation and transitional support payments Schedule 6
General amendments Part 1
No. , 2017
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
35
(8) A determination under subsection (2) is a legislative instrument.
1
205AG Anti-avoidance
2
(1) The holder of a transmitter licence must not, either alone or
3
together with one or more other persons, do any of the following:
4
(a) enter into a scheme;
5
(b) begin to carry out a scheme;
6
(c) carry out a scheme;
7
if it would be concluded that the holder of the transmitter licence
8
did so for the sole or dominant purpose of avoiding the application
9
of any provision of the Commercial Broadcasting (Tax) Act 2017
10
(other than section 14 of that Act) in relation to:
11
(d) the holder of the transmitter licence; or
12
(e) the holder of any other transmitter licence.
13
Civil penalty provision
14
(2) Subsection (1) is a civil penalty provision.
15
Note:
Part 14B deals with civil penalties.
16
Validity of transactions
17
(3) A contravention of subsection (1) does not affect the validity of
18
any transaction.
19
Scheme
20
(4) For the purposes of this section, scheme means:
21
(a) any agreement, arrangement, understanding, promise or
22
undertaking, whether express or implied; or
23
(b) any scheme, plan, proposal, action, course of action or course
24
of conduct, whether unilateral or otherwise.
25
6 Subsection 205F(4)
26
After "other than subsection", insert "205AG(1) or".
27
7 Subsection 205F(5)
28
After "another civil penalty provision", insert "(other than
29
subsection 205AG(1))".
30
Schedule 6 Taxation and transitional support payments
Part 1 General amendments
36
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
No. , 2017
8 After subsection 205F(5)
1
Insert:
2
(5A) The pecuniary penalty payable by a person in respect of a
3
contravention of subsection 205AG(1) must not exceed the sum of:
4
(a) whichever of the following is applicable:
5
(i) if the person is a body corporate--2,000 penalty units;
6
(ii) if the person is not a body corporate--400 penalty units;
7
and
8
(b) if the Federal Court is satisfied that, as a result of the scheme
9
to which the contravention relates, the person or another
10
person has avoided becoming liable to pay an amount of
11
interim tax--200% of the amount of interim tax avoided.
12
(5B) The pecuniary penalty payable by a person in respect of a
13
contravention of subsection 205E(1) that relates to
14
subsection 205AG(1) must not exceed the sum of:
15
(a) whichever of the following is applicable:
16
(i) if the person is a body corporate--2,000 penalty units;
17
(ii) if the person is not a body corporate--400 penalty units;
18
and
19
(b) if the Federal Court is satisfied that, as a result of the scheme
20
to which the contravention of subsection 205AG(1) relates,
21
the person or another person has avoided becoming liable to
22
pay an amount of interim tax--200% of the amount of
23
interim tax avoided.
24
Radiocommunications Act 1992
25
9 Section 5
26
Insert:
27
interim tax means tax imposed by the Commercial Broadcasting
28
(Tax) Act 2017.
29
10 After subsection 100(3B)
30
Insert:
31
Taxation and transitional support payments Schedule 6
General amendments Part 1
No. , 2017
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
37
(3BA) The ACMA must not issue a transmitter licence authorising
1
operation of a radiocommunications transmitter for transmitting or
2
re-transmitting a commercial broadcasting service if:
3
(a) the ACMA has reasonable grounds to believe that the
4
application for the licence is part of a scheme:
5
(i) entered into; or
6
(ii) being carried out; or
7
(iii) that has been carried out;
8
for the sole or dominant purpose of avoiding the application
9
of any provision of the Commercial Broadcasting (Tax) Act
10
2017 (other than section 14 of that Act); and
11
(b) the applicant has not satisfied the ACMA that the application
12
for the licence is not part of such a scheme.
13
(3BB) For the purposes of subsection (3BA), scheme means:
14
(a) any agreement, arrangement, understanding, promise or
15
undertaking, whether express or implied; or
16
(b) any scheme, plan, proposal, action, course of action or course
17
of conduct, whether unilateral or otherwise.
18
11 After subsection 100(5)
19
Insert:
20
(5A) In deciding whether to issue a transmitter licence authorising
21
operation of a radiocommunications transmitter:
22
(a) within a part of the spectrum designated under
23
subsection 31(1) or (1A); and
24
(b) at a particular location (the relevant location);
25
for transmitting or re-transmitting a commercial broadcasting
26
service, the ACMA must also have regard to:
27
(c) whether:
28
(i) the commercial television broadcasting licensee; or
29
(ii) the commercial radio broadcasting licensee;
30
who provides the commercial broadcasting service has
31
previously held a transmitter licence authorising operation of
32
a radiocommunications transmitter for transmitting or
33
re-transmitting the commercial broadcasting service at a
34
location that is the same as, or substantially similar to, the
35
relevant location; and
36
Schedule 6 Taxation and transitional support payments
Part 1 General amendments
38
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
No. , 2017
(d) whether there is a commercial arrangement between:
1
(i) the applicant for the transmitter licence; and
2
(ii) the commercial television broadcasting licensee or the
3
commercial radio broadcasting licensee who provides
4
the commercial broadcasting service;
5
in relation to:
6
(iii) the application; or
7
(iv) the transmission of the commercial broadcasting service
8
at a location that is the same as, or substantially similar
9
to, the relevant location.
10
12 At the end of paragraph 107(1)(c)
11
Add:
12
and (iii) amounts of interim tax;
13
13 At the end of paragraph 109(1)(b)
14
Add:
15
and (iii) amounts of interim tax;
16
Radiocommunications Taxes Collection Act 1983
17
14 After section 4
18
Insert:
19
4A Transmitter licence associated with a commercial broadcasting
20
licence
21
For the purposes of this Act, the question whether a transmitter
22
licence is associated with a commercial broadcasting licence is to
23
be determined in the same manner as that question is determined
24
for the purposes of the Commercial Broadcasting (Tax) Act 2017.
25
15 After subsection 7A(1A)
26
Insert:
27
(1B) If there is an overpayment of penalty, the overpayment is to be
28
refunded by the ACMA on behalf of the Commonwealth.
29
Taxation and transitional support payments Schedule 6
General amendments Part 1
No. , 2017
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
39
16 After section 10A
1
Insert:
2
10B Refund of overpayments
3
If there is an overpayment of tax, the overpayment is to be
4
refunded by the ACMA on behalf of the Commonwealth.
5
10C Pro-rata refund of tax imposed on the issue of a transmitter
6
licence
7
(1) If:
8
(a) a transmitter licence was issued to a person under section 100
9
or 102 of the Radiocommunications Act 1992 before 1 July
10
2017; and
11
(b) the transmitter licence is associated with a commercial
12
broadcasting licence; and
13
(c) the transmitter licence was in force at the start of 1 July 2017;
14
and
15
(d) tax was imposed by subsection 6(1), (2) or (7) of the
16
Radiocommunications (Transmitter Licence Tax) Act 1983
17
on the issue of the transmitter licence; and
18
(e) the person has paid the tax;
19
the amount worked out using the following formula must be
20
refunded by the ACMA on behalf of the Commonwealth:
21
Days in post-1 July 2017 period
Amount of tax paid
Days in period of transmitter licence
22
where:
23
days in period of transmitter licence means the number of days in
24
the period of the transmitter licence.
25
days in post-1 July 2017 period means the number of days in the
26
period:
27
(a) beginning at the start of 1 July 2017; and
28
(b) ending at the end of the period of the transmitter licence.
29
(2) If:
30
Schedule 6 Taxation and transitional support payments
Part 1 General amendments
40
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
No. , 2017
(a) a transmitter licence was issued to a person under section 100
1
or 102 of the Radiocommunications Act 1992 before 1 July
2
2017; and
3
(b) the transmitter licence is associated with a commercial
4
broadcasting licence; and
5
(c) the transmitter licence was in force at the start of 1 July 2017;
6
and
7
(d) tax was imposed by subsection 6(3) or (8) of the
8
Radiocommunications (Transmitter Licence Tax) Act 1983
9
on the issue of the transmitter licence; and
10
(e) the person has paid the tax;
11
the amount worked out using the following formula must be
12
refunded by the ACMA on behalf of the Commonwealth:
13
Days in post-1 July 2017 period
Amount of tax paid
Post-issue period
14
where:
15
days in post-1 July 2017 period means the number of days in the
16
period:
17
(a) beginning at the start of 1 July 2017; and
18
(b) ending at the end of the anniversary of the day the transmitter
19
licence came into force that occurs during the financial year
20
ending on 30 June 2018.
21
post-issue period means the number of days in the period:
22
(a) beginning at the start of the day after the transmitter licence
23
was issued; and
24
(b) ending at the end of the anniversary of the day the transmitter
25
licence came into force that occurs during the financial year
26
ending on 30 June 2018.
27
(3) For the purposes of this section, disregard:
28
(a) Division 6 of Part 3.3 of the Radiocommunications Act 1992;
29
and
30
(b) Part 10 of the Broadcasting Services Act 1992;
31
in working out the period of a transmitter licence.
32
Note 1:
See subsection 103(2) of the Radiocommunications Act 1992, which
33
deals with the duration of transmitter licences issued under
34
section 100 of that Act.
35
Taxation and transitional support payments Schedule 6
General amendments Part 1
No. , 2017
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
41
Note 2:
See subsection 103(4A) of the Radiocommunications Act 1992, which
1
deals with the duration of transmitter licences issued under
2
section 102 of that Act.
3
10D Pro-rata refund of tax imposed on the anniversary of the day a
4
transmitter licence came into force
5
(1) If:
6
(a) a transmitter licence was issued to a person under section 100
7
or 102 of the Radiocommunications Act 1992 before 1 July
8
2017; and
9
(b) the transmitter licence is associated with a commercial
10
broadcasting licence; and
11
(c) the transmitter licence was in force at the start of 1 July 2017;
12
and
13
(d) tax was imposed by subsection 6(3) or (8) of the
14
Radiocommunications (Transmitter Licence Tax) Act 1983
15
on the anniversary of the day the transmitter licence came
16
into force that occurred during the financial year ending on
17
30 June 2017; and
18
(e) the person has paid the tax;
19
the amount worked out using the following formula must be
20
refunded by the ACMA on behalf of the Commonwealth:
21
Days in post-1 July 2017 period
Amount of tax paid
Post-anniversary period
22
where:
23
days in post-1 July 2017 period means the number of days in the
24
period:
25
(a) beginning at the start of 1 July 2017; and
26
(b) ending at whichever is the earlier of the following:
27
(i) the end of the anniversary of the day the transmitter
28
licence came into force that occurs during the financial
29
year ending on 30 June 2018;
30
(ii) the end of the period of the transmitter licence.
31
post-anniversary period means the number of days in the period:
32
(a) beginning at the start of the anniversary mentioned in
33
paragraph (d); and
34
Schedule 6 Taxation and transitional support payments
Part 1 General amendments
42
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
No. , 2017
(b) ending at whichever is the earlier of the following:
1
(i) the end of the anniversary of the day the transmitter
2
licence came into force that occurs during the financial
3
year ending on 30 June 2018;
4
(ii) the end of the period of the transmitter licence.
5
(2) If:
6
(a) a transmitter licence was issued to a person under section 100
7
or 102 of the Radiocommunications Act 1992 before 1 July
8
2017; and
9
(b) the transmitter licence is associated with a commercial
10
broadcasting licence; and
11
(c) the transmitter licence was in force at the start of 1 July 2017;
12
and
13
(d) tax was imposed by subsection 6(5) or (11) of the
14
Radiocommunications (Transmitter Licence Tax) Act 1983
15
on the holding of the transmitter licence on an anniversary of
16
the day the transmitter licence came into force that occurred
17
before 1 July 2017; and
18
(e) the person has paid the tax;
19
the amount worked out using the following formula must be
20
refunded by the ACMA on behalf of the Commonwealth:
21
Days in post-1 July 2017 period
Amount of tax paid
Post-anniversary period
22
where:
23
days in post-1 July 2017 period means the number of days in the
24
period:
25
(a) beginning at the start of 1 July 2017; and
26
(b) ending at the end of the period of the transmitter licence.
27
post-anniversary period means the number of days in the period:
28
(a) beginning at the start of the anniversary mentioned in
29
paragraph (d); and
30
(b) ending at the end of the period of the transmitter licence.
31
(3) For the purposes of this section, disregard:
32
(a) Division 6 of Part 3.3 of the Radiocommunications Act 1992;
33
and
34
Taxation and transitional support payments Schedule 6
General amendments Part 1
No. , 2017
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
43
(b) Part 10 of the Broadcasting Services Act 1992;
1
in working out the period of a transmitter licence.
2
Note 1:
See subsection 103(2) of the Radiocommunications Act 1992, which
3
deals with the duration of transmitter licences issued under
4
section 100 of that Act.
5
Note 2:
See subsection 103(4A) of the Radiocommunications Act 1992, which
6
deals with the duration of transmitter licences issued under
7
section 102 of that Act.
8
10E Set-off
9
If:
10
(a) an amount of interim tax is payable by a person (the first
11
amount); and
12
(b) an amount is payable by the Commonwealth to the person
13
under section 10B, 10C or 10D (the second amount);
14
the ACMA may, on behalf of the Commonwealth, set off the
15
whole or a part of the first amount against the whole or a part of
16
the second amount.
17
Schedule 6 Taxation and transitional support payments
Part 2 Termination of the liability of commercial broadcasters to pay transmitter
licence tax
44
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
No. , 2017
Part 2--Termination of the liability of commercial
1
broadcasters to pay transmitter licence tax
2
Radiocommunications (Transmitter Licence Tax) Act 1983
3
17 After section 4
4
Insert:
5
4A Transmitter licence associated with a commercial broadcasting
6
licence
7
For the purposes of this Act, the question whether a transmitter
8
licence is associated with a commercial broadcasting licence is to
9
be determined in the same manner as that question is determined
10
for the purposes of the Commercial Broadcasting (Tax) Act 2017.
11
18 At the end of subsection 6(1)
12
Add "This subsection has effect subject to subsection (1A).".
13
19 After subsection 6(1)
14
Insert:
15
(1A) Subsection (1) does not impose a tax on the issue of a transmitter
16
licence if:
17
(a) the transmitter licence is issued on or after 1 July 2017; and
18
(b) the transmitter licence is associated with a commercial
19
broadcasting licence.
20
20 Subsection 6(2)
21
Omit "If", substitute "Subject to subsection (2A), if".
22
21 After subsection 6(2)
23
Insert:
24
(2A) Subsection (2) does not impose a tax on the issue of a transmitter
25
licence if:
26
(a) the transmitter licence is issued on or after 1 July 2017; and
27
Taxation and transitional support payments Schedule 6
Termination of the liability of commercial broadcasters to pay transmitter licence tax
Part 2
No. , 2017
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
45
(b) the transmitter licence is associated with a commercial
1
broadcasting licence.
2
22 Subsection 6(3)
3
After "subsections" insert "(3A), (3B),".
4
23 After subsection 6(3)
5
Insert:
6
(3A) Subsection (3) does not impose a tax on the issue of a transmitter
7
licence if:
8
(a) the transmitter licence is issued on or after 1 July 2017; and
9
(b) the transmitter licence is associated with a commercial
10
broadcasting licence.
11
(3B) Subsection (3) does not impose a tax on a particular anniversary of
12
the day a transmitter licence came into force if:
13
(a) the anniversary occurs on or after 1 July 2017; and
14
(b) the transmitter licence is associated with a commercial
15
broadcasting licence.
16
24 After subsection 6(4)
17
Insert:
18
(4A) Subsection (4) does not apply in relation to the issue of a
19
transmitter licence if:
20
(a) the transmitter licence is issued on or after 1 July 2017; and
21
(b) the transmitter licence is associated with a commercial
22
broadcasting licence.
23
25 Subsection 6(5)
24
Omit "If", substitute "Subject to subsection (5A), if".
25
26 After subsection 6(5)
26
Insert:
27
(5A) Subsection (5) does not impose a tax on the holding of a
28
transmitter licence on a particular anniversary of the day the
29
transmitter licence came into force if:
30
(a) the anniversary occurs on or after 1 July 2017; and
31
Schedule 6 Taxation and transitional support payments
Part 2 Termination of the liability of commercial broadcasters to pay transmitter
licence tax
46
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
No. , 2017
(b) the transmitter licence is associated with a commercial
1
broadcasting licence.
2
27 Subsection 6(6)
3
Omit "If", substitute "Subject to subsection (6A), if".
4
28 After subsection 6(6)
5
Insert:
6
(6A) Subsection (6) does not apply to a particular anniversary of the day
7
a transmitter licence came into force if:
8
(a) the anniversary occurs on or after 1 July 2017; and
9
(b) the transmitter licence is associated with a commercial
10
broadcasting licence.
11
29 Subsection 6(7)
12
Omit "If", substitute "Subject to subsection (7A), if".
13
30 After subsection 6(7)
14
Insert:
15
(7A) Subsection (7) does not impose a tax on the issue of a transmitter
16
licence if:
17
(a) the transmitter licence is issued on or after 1 July 2017; and
18
(b) the transmitter licence is associated with a commercial
19
broadcasting licence.
20
31 Subsection 6(8)
21
After "subsections" insert "(8A), (8B),".
22
32 After subsection 6(8)
23
Insert:
24
(8A) Subsection (8) does not impose a tax on the issue of a transmitter
25
licence if:
26
(a) the transmitter licence is issued on or after 1 July 2017; and
27
(b) the transmitter licence is associated with a commercial
28
broadcasting licence.
29
Taxation and transitional support payments Schedule 6
Termination of the liability of commercial broadcasters to pay transmitter licence tax
Part 2
No. , 2017
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
47
(8B) Subsection (8) does not impose a tax on a particular anniversary of
1
the day a transmitter licence came into force if:
2
(a) the anniversary occurs on or after 1 July 2017; and
3
(b) the transmitter licence is associated with a commercial
4
broadcasting licence.
5
33 After subsection 6(10)
6
Insert:
7
(10A) Subsections (9) and (10) do not apply in relation to the issue of a
8
transmitter licence if:
9
(a) the transmitter licence is issued on or after 1 July 2017; and
10
(b) the transmitter licence is associated with a commercial
11
broadcasting licence.
12
34 Subsection 6(11)
13
Omit "If", substitute "Subject to subsection (11A), if".
14
35 After subsection 6(11)
15
Insert:
16
(11A) Subsection (11) does not impose a tax on the holding of a
17
transmitter licence on a particular anniversary of the day the
18
transmitter licence came into force if:
19
(a) the anniversary occurs on or after 1 July 2017; and
20
(b) the transmitter licence is associated with a commercial
21
broadcasting licence.
22
36 Subsection 6(12)
23
Omit "If", substitute "Subject to subsection (13), if".
24
37 At the end of section 6
25
Add:
26
(13) Subsection (12) does not apply to a particular anniversary of the
27
day a transmitter licence came into force if:
28
(a) the anniversary occurs on or after 1 July 2017; and
29
(b) the transmitter licence is associated with a commercial
30
broadcasting licence.
31
Schedule 6 Taxation and transitional support payments
Part 3 Transitional support payments
48
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
No. , 2017
Part 3--Transitional support payments
1
38 Definitions
2
In this Part:
3
broadcasting service has the same meaning as in the Broadcasting
4
Services Act 1992.
5
commercial radio broadcasting licence has the same meaning as in the
6
Broadcasting Services Act 1992.
7
commercial television broadcasting licence has the same meaning as in
8
the Broadcasting Services Act 1992.
9
designated day:
10
(a) for the financial year beginning on 1 July 2017--means
11
1 November 2017; or
12
(b) for a later financial year--means 1 July in the financial year.
13
eligible financial year means:
14
(a) the financial year beginning on 1 July 2017; or
15
(b) the financial year beginning on 1 July 2018; or
16
(c) the financial year beginning on 1 July 2019; or
17
(d) the financial year beginning on 1 July 2020; or
18
(e) the financial year beginning on 1 July 2021.
19
Secretary means the Secretary of the Department.
20
39 Transitional support payments
21
(1)
If:
22
(a) a company is specified in the table set out in item 40; and
23
(b) at the start of the designated day for an eligible financial
24
year, the company held:
25
(i) a commercial television broadcasting licence; or
26
(ii) a commercial radio broadcasting licence; and
27
(c) the Secretary is satisfied that it is likely that company will
28
hold:
29
(i) a commercial television broadcasting licence; or
30
(ii) a commercial radio broadcasting licence;
31
throughout the period:
32
(iii) beginning at the start of the designated day; and
33
Taxation and transitional support payments Schedule 6
Transitional support payments Part 3
No. , 2017
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
49
(iv) ending at the end of the financial year; and
1
(d) the company has not given the Secretary a notice under
2
subitem (2);
3
the Secretary must:
4
(e) determine, in writing, that the amount specified in the table
5
opposite the name of the company is payable by the
6
Commonwealth to the company by way of financial
7
assistance in respect of the financial year; and
8
(f) do so on, or as soon as practicable after, the designated day
9
for the financial year.
10
(2)
A company may, before 1 November 2017, give the Secretary a written
11
notice stating that the company does not want to receive any payments
12
under this item.
13
(3)
A determination made under subitem (1) is not a legislative instrument.
14
40 Table
15
This is the table mentioned in item 39.
16
17
Companies and amounts
Item
Company
Amount ($)
1
Australian Capital Television Pty
Ltd
1,398,000
2
Prime Television (Southern) Pty
Limited
945,000
3
Northern Rivers Television Pty Ltd
632,000
4
WIN Television NSW Pty Limited
1,331,000
5
Star Broadcasting Network Pty Ltd
3,000
6
South Coast & Tablelands
Broadcasting Pty Ltd
22,000
7
Blue Mountains Broadcasters Pty
Limited
2,000
8
Tweed Radio & Broadcasting Co
Pty Ltd
2,000
9
WIN Radio Pty Limited
22,000
10
Wollongong Broadcasters Pty Ltd
22,000
11
WIN Television Griffith Pty Ltd
16,000
Schedule 6 Taxation and transitional support payments
Part 3 Transitional support payments
50
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
No. , 2017
Companies and amounts
Item
Company
Amount ($)
12
WIN Television SA Pty Ltd
66,000
13
Rebel FM Stereo Pty Ltd
9,000
14
Midwest Radio Network Pty Ltd
4,000
15
Darwin Digital Television Pty Ltd
6,000
16
West Digital Television No.2 Pty
Limited
19,000
17
West Digital Television Pty Ltd
47,000
18
Spencer Gulf Telecasters Pty
Limited
16,000
19
Mildura Digital Television Pty Ltd
15,000
1
41 Conditions of payments
2
(1)
A payment to a company under item 39 in respect of a financial year is
3
subject to the condition that, if the company ceases to be the holder of:
4
(a) a commercial television broadcasting licence; or
5
(b) a commercial radio broadcasting licence;
6
at a time (the cessation time) during the period:
7
(c) beginning at the start of the designated day for the financial
8
year; and
9
(d) ending at the end of the financial year;
10
the company will repay to the Commonwealth the amount worked out
11
using the formula:
12
Days in non-licence period
Amount paid
Days in financial year
13
where:
14
amount paid means the amount of the payment to the company.
15
days in financial year means the number of days in the financial year.
16
days in non-licence period means the number of days in the period:
17
(a) beginning at the start of the day after the cessation time; and
18
(b) ending at the end of the financial year.
19
Taxation and transitional support payments Schedule 6
Transitional support payments Part 3
No. , 2017
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
51
(2)
A payment to a company under item 39 in respect of a financial year is
1
subject to the condition that the company will:
2
(a) spend the amount of the payment (reduced by any amount
3
payable by the company under subitem (1) of this item in
4
relation to the financial year) in connection with the
5
provision by the company of broadcasting services authorised
6
by the commercial television broadcasting licence, or the
7
commercial radio broadcasting licence, held by company;
8
and
9
(b) do so before the end of the financial year.
10
(3)
A payment to a company under item 39 in respect of a financial year is
11
subject to the condition that the company will:
12
(a) give the Secretary a written statement declaring that the
13
company has complied with the condition set out in
14
subitem (2) of this item in relation to the financial year; and
15
(b) do so within 28 days after the end of the financial year.
16
(4)
A payment to a company under item 39 is subject to the condition that,
17
if the company does not fulfil a condition to which the payment is
18
subject under subitem (2) or (3) of this item, the company will, if the
19
Secretary so determines, repay to the Commonwealth the amount
20
specified in the determination.
21
(5)
The amount specified in the determination under subitem (4) must not
22
be more than the amount of the payment (reduced by any amount
23
payable by the company under subitem (1) in relation to the financial
24
year).
25
(6)
A determination made under subitem (4) is not a legislative instrument.
26
(7)
An amount payable by a company to the Commonwealth under this
27
item:
28
(a) is a debt due to the Commonwealth; and
29
(b) may be recovered by the Secretary, on behalf of the
30
Commonwealth, in:
31
(i) the Federal Court of Australia; or
32
(ii) the Federal Circuit Court of Australia; or
33
(iii) a court of a State or Territory that has jurisdiction in
34
relation to the matter.
35
Schedule 6 Taxation and transitional support payments
Part 3 Transitional support payments
52
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
No. , 2017
42 Delegation by the Secretary
1
(1)
The Secretary may, by writing, delegate any or all of his or her powers
2
under this Part to an SES employee, or acting SES employee, in the
3
Department.
4
Note:
The expressions SES employee and acting SES employee are defined
5
in section 2B of the Acts Interpretation Act 1901.
6
(2)
In exercising powers under a delegation under subitem (1), the delegate
7
must comply with any directions of the Secretary.
8
Review of taxation arrangements etc. Schedule 7
No. , 2017
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
53
Schedule 7--Review of taxation arrangements
1
etc.
2
3
Broadcasting Services Act 1992
4
1 After section 216A
5
Insert:
6
216AA Review of taxation arrangements etc.
7
(1) After 30 June 2019, the ACMA must conduct a review of the
8
following matters:
9
(a) whether the Commercial Broadcasting (Tax) Act 2017 should
10
be repealed or amended on or before 1 July 2022;
11
(b) such matters (if any) as are specified in an instrument under
12
subsection (2).
13
(2) The Minister may, by notifiable instrument, specify one or more
14
matters for the purposes of paragraph (1)(b), so long as those
15
matters relate to:
16
(a) commercial television broadcasting licensees and commercial
17
radio broadcasting licensees; and
18
(b) the use of spectrum (within the meaning of the
19
Radiocommunications Act 1992) by those licensees to
20
provide commercial broadcasting services.
21
(3) In conducting the review, the ACMA must consider such matters
22
(if any) as are specified in an instrument under subsection (4).
23
(4) The Minister may, by notifiable instrument, specify one or more
24
matters for the purposes of subsection (3).
25
Consultation
26
(5) In conducting the review, the ACMA must make provision for
27
public consultation.
28
Schedule 7 Review of taxation arrangements etc.
54
Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017
No. , 2017
Report
1
(6) The ACMA must give the Minister a report of the review before
2
1 July 2021.
3
(7) The Minister must cause copies of a report under subsection (6) to
4
be tabled in each House of the Parliament within 15 sittings days of
5
that House after receiving the report.
6