Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
1996-97
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Broadcasting
Services Legislation Amendment Bill 1997
No.
, 1997
(Communications and the
Arts)
A Bill for an Act to amend the
Broadcasting Services Act 1992 and the Broadcasting Services
(Transitional Provisions and Consequential Amendments) Act 1992, and for
related purposes
9703020—975/14.3.1997—(30/97) Cat.
No. 96 7400 4 ISBN 0644 499974
Contents
A Bill for an Act to amend the Broadcasting Services
Act 1992 and the Broadcasting Services (Transitional Provisions and
Consequential Amendments) Act 1992, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Broadcasting Services Legislation
Amendment Act 1997.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Subsections 59(3) and (4)
Omit “or a commercial radio broadcasting licence” (wherever
occurring).
2 After subsection 59(4)
Insert:
(4A) If the ABA is satisfied that:
(a) at least 50% of the circulation of a newspaper is within the licence
area of a commercial radio broadcasting licence; and
(b) the circulation of the newspaper within that licence area is at least
2% of the licence area population;
the ABA must enter the name of the newspaper in the Register in relation to
the licence area.
(4B) If the ABA is satisfied that:
(a) less than 50% of the circulation of a newspaper that is entered in the
Register in relation to a commercial radio broadcasting licence is within the
licence area of that licence; or
(b) the circulation of the newspaper within that licence area is less than
2% of the licence area population;
the ABA must remove the name of the newspaper from the Register in relation
to the licence area.
3 Section 204 (after table row relating to
decision to remove newspaper from Register)
Insert:
|
To enter a newspaper in Register |
subsection 59(4A) |
The publisher of a newspaper or a commercial radio broadcasting licensee in
the relevant licence area |
|
Refusal to remove newspaper from Register |
subsection 59(4B) |
The publisher of a newspaper or a commercial radio broadcasting licensee in
the relevant licence area |
4 Section 204 (at the end of the
table)
Add:
|
Refusal to permit an accounting period ending on a day other than 30
June |
Subsection 205B(2) |
The licensee |
|
To issue a notice relating to the amount of licence fee paid |
Subsection 205C(2) |
The licensee |
|
That no additional fee be remitted or that part only of the additional fee
be remitted |
Subsection 205D(4) |
The licensee |
5 After Part 14
Insert:
In this Part:
gross earnings has the same meaning:
(a) in relation to a commercial radio broadcasting licence—as in the
Radio Licence Fees Act 1964; and
(b) in relation to a commercial television broadcasting licence—as
in the Television Licence Fees Act 1964.
licence fee means a fee imposed under:
(a) section 5 of the Radio Licence Fees Act 1964; or
(b) section 5 of the Television Licence Fees Act 1964.
(1) A commercial television broadcasting licensee or a commercial radio
broadcasting licensee must:
(a) keep and maintain, in a recognised business or commercial form,
financial accounts in relation to the service provided under the licence;
and
(b) make those accounts available for inspection by the ABA or an
authorised officer when requested to do so; and
(c) within 6 months after 30 June in each year, give the ABA:
(i) an audited balance-sheet and an audited profit and loss account, in a
form approved by the ABA, in relation to the service provided under the licence
for the year ending on that 30 June; and
(ii) a statutory declaration stating the gross earnings in relation to the
licence during that year; and
(d) keep such records in respect of the service provided under the licence
as the ABA directs and give copies of those records to the ABA when requested to
do so.
(2) A licensee may, with the permission of the ABA, adopt an accounting
period which is a period of 12 months ending on a day other than 30
June.
(3) If a licensee adopts such an accounting period, paragraph (1)(c) has
effect as if:
(a) the reference in that paragraph to 6 months after 30 June were a
reference to:
(i) if 6 months after the end of the accounting period does not include 31
December—6 months after the end of the accounting period; or
(ii) if 6 months after the end of the accounting period includes 31
December—the period starting immediately after the end of the accounting
period and ending on that 31 December; and
(b) a reference in that paragraph to the year ending on 30 June were a
reference to the year ending on the last day of that accounting
period.
(4) The declaration referred to in subparagraph (1)(c)(ii) must be made by
the chief executive officer or secretary of the licensee.
(5) In this section:
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.
(1) If a commercial television broadcasting licensee or a commercial radio
broadcasting licensee pays an amount that the licensee believes is the licence
fee that is due and payable in relation to the licence, 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 paragraph
205B(1)(c), works out the amount of the licence fee that is due and payable in
relation to the licence; 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:
(c) specifying the amount worked out; and
(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 licence fee—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.
(1) If an amount of licence fee remains unpaid after the due date, an
additional fee is due and payable by the licensee as a penalty at the rate of
20% per annum on the amount unpaid, worked out from the due date, unless
subsection (2) or (3) applies in relation to the amount unpaid.
(2) If:
(a) an amount of licence fee is specified in a notice under paragraph
205C(2)(f) as an amount unpaid; and
(b) the notice does not contain a statement that the ABA is satisfied that
the licensee deliberately miscalculated the amount of the licence fee;
and
(c) the amount unpaid is not paid within 21 days after the day the notice
was issued;
then:
(d) this subsection applies in relation to the amount unpaid;
and
(e) an additional fee is due and payable by the licensee as a penalty, at
the rate of 20% per annum on the amount unpaid, worked out from the day the
notice was issued.
(3) If:
(a) an amount of licence fee is specified in a notice under paragraph
205C(2)(f) as an amount unpaid; and
(b) the notice does not contain a statement that the ABA is satisfied that
the licensee deliberately miscalculated the amount of the licence fee;
and
(c) the amount unpaid is paid within 21 days after the day the notice was
issued;
then:
(d) this subsection applies in relation to the amount unpaid;
and
(e) no additional fee is due and payable by the licensee as a
penalty.
(4) If an additional fee is due and payable by the licensee under
subsection (1) or (2) in relation to an amount of licence fee, or such an
additional fee has been paid, and an authorised person:
(a) is satisfied that:
(i) the circumstances that contributed to the delay in payment of the
amount were not caused directly or indirectly by an act or omission of the
licensee; and
(ii) the licensee has taken reasonable action to mitigate, or mitigate the
effects of, those circumstances; or
(b) is satisfied that:
(i) the circumstances that contributed to the delay in payment of the
amount were caused directly or indirectly by an act or omission of the licensee;
and
(ii) the licensee has taken reasonable action to mitigate, or mitigate the
effects of, those circumstances; and
(iii) having regard to the nature of those circumstances, it would be
reasonable to remit the additional fee or part of that fee; or
(c) is satisfied that there are special circumstances that make it
reasonable to remit the additional fee or part of that fee;
the authorised person may remit the additional fee or part of that
fee.
(5) If:
(a) an authorised person remits the additional fee or part of that fee;
and
(b) the licensee has paid an amount of that fee;
the authorised person must, within 21 days after remitting that fee or part
of that fee, arrange for so much of the amount as is remitted to be refunded to
the licensee.
(6) Despite subsections (1) and (2), an amount of unpaid licence fee may
be recovered immediately after the due date in a court of competent jurisdiction
as a debt due to the Commonwealth.
(7) If:
(a) judgment is entered or given in a court for the payment of an amount
of unpaid licence fee; and
(b) interest is payable on the judgment debt; and
(c) an additional fee is payable in respect of the unpaid licence fee
under subsection (1) or (2);
the amount of the additional fee that would, but for the operation of this
subsection, be so payable is reduced by the amount of the interest payable on
that judgment debt.
(8) If:
(a) judgment is entered or given in a court for the payment of an amount
that includes an amount of unpaid licence fee; and
(b) interest is payable on the judgment debt; and
(c) an additional fee is be payable in respect of the unpaid licence fee
under subsection (1) or (2);
the amount of the additional fee that would, but for the operation of this
subsection, be so payable is reduced by an amount worked out using the
formula:
where:
interest on judgment debt means the dollar amount
representing the amount of interest payable on the judgment debt at the time the
debt is paid.
licence fee component of judgment debt means the amount
determined by the court to be the amount of licence fee unpaid.
(9) In this section:
authorised person means:
(a) the Minister; or
(b) an officer authorised by the Minister in writing for the purposes of
this section.
due date, in relation to a licence fee, means the day on
which the fee becomes payable under the Radio Licence Fees Act 1964 or
the Television Licence Fees Act 1964.
6 After paragraph 7(1)(i) of Schedule
2
Insert:
(ia) the licensee will comply with the requirements set out in section
205B;
7 After paragraph 8(1)(h) of Schedule
2
Insert:
(ha) the licensee will comply with the requirements set out in section
205B;
8 Application
(1) The amendment of clause 7 of Schedule 2 to the Broadcasting Services
Act 1992 that is made by this Act extends to:
(a) a commercial television broadcasting licence referred to in paragraph
5(1)(b) or (e) of the Transitional Provisions Act; or
(b) a commercial television broadcasting licence allocated or renewed
under the Broadcasting Services Act 1992 before, on or after the
commencement of this Act.
(2) The amendment of clause 8 of Schedule 2 to the Broadcasting Services
Act 1992 that is made by this Act extends to:
(a) a commercial radio broadcasting licence referred to in paragraph
5(1)(a), (d) or (f) of the Transitional Provisions Act; or
(b) a commercial radio broadcasting licence allocated or renewed under the
Broadcasting Services Act 1992 before, on or after the commencement of
this Act.
(3) In this item:
Transitional Provisions Act means the Broadcasting
Services (Transitional Provisions and Consequential Amendments) Act
1992.
9 Transitional
(1) If:
(a) a decision has been made under subsection 59(3) of the Broadcasting
Services Act 1992 as in force at any time before the commencement day to
enter the name of a newspaper in the Associated Newspaper Register as a
newspaper associated with the licence area of a commercial radio broadcasting
licence; and
(b) the decision has not been revoked or rescinded before that
day;
the decision has effect, on and after that day, as if it were a decision to
the same effect made under subsection 59(4A) of that Act as amended by this
Act.
(2) If:
(a) a decision has been made under subsection 59(4) of the Broadcasting
Services Act 1992 as in force at any time before the commencement day to
refuse to remove the name of a newspaper from the Associated Newspaper Register
as a newspaper associated with the licence area of a commercial radio
broadcasting licence; and
(b) the decision has not been revoked or rescinded before that
day;
the decision has effect, on and after that day, as if it were a decision to
the same effect made under subsection 59(4B) of that Act as amended by this
Act.
(3) If:
(a) a direction, requirement, approval or leave is given, or is taken to
have been given, by the ABA under a continued section of the Broadcasting Act
1942; and
(b) the direction, requirement, approval or leave is in force immediately
before the commencement day;
the direction, requirement, approval or leave continues in force, on and
after that day, as if it were a direction, requirement, approval or permission
given under the corresponding provision of Part 14A of the Broadcasting
Services Act 1992.
(4) If, before the commencement day, a request has been made, or is taken
to have been made, by the ABA under subsection 123(4) of the Broadcasting Act
1942 as that subsection is continued in force by section 22 of the
Transitional Provisions Act, for books or documents to be made available, or
particulars to be furnished, that request has effect, on and after that day, for
the purposes of Part 14A of the Broadcasting Services Act 1992:
(a) as if it were a request made under subsection 205B(1) of the
last-mentioned Act; and
(b) as if the books or documents required to be made available, or the
particulars required to be furnished, were financial accounts or other records
required under subsection 205B(1) of the last-mentioned Act to be provided to
the ABA.
(5) If, before the commencement day, a request has been made, or is taken
to have been made, by the ABA under subsection 123(4AA) of the Broadcasting
Act 1942 as that subsection is continued in force by section 22 of the
Transitional Provisions Act, that request has effect, on or after that day, for
the purposes of the Broadcasting Services Act 1992 as if it were a notice
in writing under section 173 of the last-mentioned Act to provide the
information to the ABA for the purposes of an investigation under section 170 of
the last-mentioned Act.
(6) If, before the commencement day, a notice has been given by the ABA
under subsection 123AA(3) of the Broadcasting Act 1942 as that subsection
is continued in force by section 22 of the Transitional Provisions
Act:
(a) the notice has effect, on and after that day, for the purposes of Part
14A of the Broadcasting Services Act 1992, as if it were a notice given
under subsection 205C(2) of the last-mentioned Act; but
(b) for the purpose of working out the period of 21 days beginning on the
day the notice was issued, Part 14A of the last-mentioned Act has effect as if
it had been in force at the time of issue of the notice.
(7) If, immediately before the commencement day, an additional fee, by way
of penalty, was payable under subsection 123A(1A) or (1B) of the Broadcasting
Act 1942 as that subsection is continued in force by section 22 of the
Transitional Provisions Act, that additional fee is treated, on and after that
day, as if:
(a) it were payable under subsection 205D(1) or (2) of the Broadcasting
Services Act 1992, whichever is appropriate; and
(b) Part 14A of the last-mentioned Act had been in force since the
additional fee first became payable.
(8) Any action taken before the commencement day by a licensee under a
provision of a continued section of the Broadcasting Act 1942 has effect,
on and after that day, as if it had been taken by the licensee under the
corresponding provision of Part 14A of the Broadcasting Services Act
1992.
(9) Any action taken before the commencement day by a corporation that is
related to a licensee in response to a request made under subsection 123(4AA) of
the Broadcasting Act 1942 as that subsection is continued in force under
section 22 of the Transitional Provisions Act has effect, on and after that day,
as if it had been taken by the corporation in response to a notice under section
173 of the Broadcasting Services Act 1992.
(10) In this item:
commencement day means the day on which this Act receives the
Royal Assent.
continued section of the Broadcasting Act 1942 means section
123, 123AA or 123A of the Broadcasting Act 1942 as that section is
continued in force by section 22 of the Transitional Provisions Act.
Transitional Provisions Act means the Broadcasting
Services (Transitional Provisions and Consequential Amendments) Act
1992.
1 Sections 14, 15 and 22
Repeal the sections.