Commonwealth Numbered Acts

BROADCASTING AMENDMENT ACT (No. 2) 1987 No. 80 of 1987 - SCHEDULE

                                    SCHEDULE                          Section
6  AMENDMENTS OF THE BROADCASTING AND TELEVISION ACT 1942 AS IN FORCE
IMMEDIATELY BEFORE 1 JANUARY 1986 FOR THE PURPOSES OF ITS CONTINUED
APPLICATION TO OLD SYSTEM LICENCES Subsection 86 (11D):
Omit "failed to pay", substitute "unreasonably or repeatedly delayed paying".
Paragraph 88 (1) (b):
Omit "failed to pay", substitute "unreasonably or repeatedly delayed paying".
After section 106:
Insert the following section: Penalty for unpaid licence fees

"106AA. (1) If an amount of licence fee remains unpaid after the end of the
period of 2 months beginning on the due date, an additional fee is due and
payable by way of penalty by the holder of the licence at the rate of 20% per
annum on the amount unpaid, computed from the due date.

"(2) Where an additional fee is due and payable by the holder of the licence
under this section in relation to an amount of licence fee and an authorised
person:

   (a)  is satisfied that:

        (i)    the circumstances that contributed to the delay in payment of
               the amount were not due to, or caused directly or indirectly
               by, an act or omission of the holder of the licence; and

        (ii)   the holder of the licence has taken reasonable action to
               mitigate, or mitigate the effects of, those circumstances;

   (b)  is satisfied that:

        (i)    the circumstances that contributed to the delay in payment of
               the amount were due to, or caused directly or indirectly by, an
               act or omission of the holder of the licence;

        (ii)   the holder of the licence 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
               fair and reasonable to remit the additional fee or part of the
               additional fee; or

   (c)  is satisfied that there are special circumstances by reason of which
        it would be fair and reasonable to remit the additional fee or part of
        the additional fee; the authorised person may remit the additional fee
        or part of the additional fee.

"(3) Where judgment is given by, or entered in, a court for the payment of:

   (a)  an amount of licence fee; or

   (b)  an amount that includes an amount of licence fee; then:

   (c)  the amount of licence fee shall not be taken, for the purposes of
        subsection (1), to have ceased to be due and payable by reason only of
        the giving or entering of the judgment; and

   (d)  if the judgment debt carries interest, the additional fee that would,
        but for this paragraph, be payable under this section in relation to
        the amount of licence fee shall, by force of this paragraph, be
        reduced by:

        (i)    if paragraph (a) applies - the amount of the interest; or

        (ii)   if paragraph (b) applies - an amount that bears the same
               proportion to the amount of the interest as the amount of
               licence fee bears to the amount of the judgment debt.

"(4) Notwithstanding anything contained in this section, any amount of unpaid
licence fee may be recovered immediately after the due date.

"(5) Subject to subsection (6), the due date in relation to a licence fee is
the day on which the fee becomes payable.

"(6) Where:

   (a)  an amount of licence fee becomes payable by the holder of a licence in
        respect of a particular period; and

   (b)  the day on which the licence fee becomes payable occurs before the day
        (in this subsection called the 'return date') by which the holder of
        the licence is required by section 106 to furnish to the Tribunal:

        (i)    an audited balance-sheet and profit and loss account in respect
               of the relevant station for that period; and

        (ii)   a statutory declaration stating the gross earnings of the
               relevant station during that period; the due date in relation
               to the licence fee is the day immediately following the return
               date.

"(7) 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; 'licence fee' means a fee payable by the holder of a
        licence under:

   (a)  the Broadcasting Stations Licence Fees Act 1964; or

   (b)  the Television Stations Licence Fees Act 1964; as in force immediately
        before 1 January 1986.".