Commonwealth Numbered Acts

BROADCASTING AMENDMENT ACT (No. 2) 1991 No. 183 of 1991 - SECT 20

20. After section 123 of the Principal Act the following section is inserted:
Payment of licence fees

"123AA.(1) In this section: `gross earnings' has the same meaning as in the
Radio Licence Fees Act 1964 or the Television Licence Fees Act 1964; `licence
fee' means a fee imposed under:

   (a)  subsection 6(2) of the Radio Licence Fees Act 1964; or

   (b)  subsection 6(2) of the Television Licence Fees Act 1964; `required
        method of calculation', in relation to the licence fee in respect of a
        licence, means the application of the appropriate formula specified in
        section 6 or 6A of the Radio Licence Fees Act 1964 or of the
        Television Licence Fees Act 1964 to calculate the amount of the fee,
        having regard to the gross earnings in respect of the licence during
        the period for which the licence fee is payable.

"(2) If the holder of a licence pays what the holder intends to be an amount
of licence fee that is due and payable in respect of the licence, the licensee
must give the Tribunal details, in a form approved by the Tribunal, of the
licensee's calculation of the full amount of the licence fee using the
required method of calculation for the fee.

"(3) If:

   (a)  the Tribunal calculates the full amount of the licence fee that is due
        and payable in respect of the licence using the required method of
        calculation for the fee, having regard to the documents given to it
        most recently under paragraph 123(1)(c) in respect of the licence; and

   (b)  that amount calculated is not the same as the amount paid; the
        Tribunal must give the licensee, as soon as practicable, a written
        notice:

   (c)  specifying that amount calculated; and

   (d)  setting out details of the calculation; and

   (e)  if the amount paid exceeds that amount calculated, specifying the
        amount of the excess; and

   (f)  if the amount paid is less than that amount calculated, specifying the
        amount of licence fee unpaid according to the calculation; and

   (g)  if the Tribunal is satisfied that the licensee deliberately
        miscalculated the full amount of the licence fee - stating that it is
        so satisfied.

"(4) If an amount is specified in a notice because of paragraph (3)(e), the
Tribunal must, within 21 days beginning on the day on which the notice was
issued, cause that amount to be refunded to the licensee.".