Commonwealth Numbered Regulations - Explanatory Statements

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BROADCASTING (LIMITED LICENCES) FEES REGULATIONS (AMENDMENT) 1992 NO.126

STATUTORY RULES 1992 No. 126

Issued by the Authority of the Minister for Transport and Communications

Broadcasting Act 1942

Broadcasting (Limited Licences) Fees Act 1988

Broadcasting (Limited Licences) Fees Regulations (Amendment)

Section 134 of the Broadcasting Act 1942 (the Act) provides that the Governor-General may make regulations for the purposes of the Act. Section 81C of the Act provides that the regulations may specify a purpose as a purpose for which a limited licence may be granted.

Section 7 of the Broadcasting (Limited Licences) Fees Act 1988 (the Fees Act) provides that the Governor-General may make regulations for the purposes of the Act. The Fees Act imposes fees, by way of taxes in respect of limited licences, on the holders of limited licences. Section 5 of the Fees Act provides that fees are payable on the grant and renewal of limited licences. The amount of the fees is to be ascertained in accordance with the regulations. Section 6 of the Fees Act provides that annual fees, of an amount ascertained in accordance with the regulations, are payable in respect of limited licences.

The Broadcasting (Limited Licences) Fees Regulations (the Regulations) prescribe fees, and formulas for calculating fees, payable for the grant, renewal and variation of local information limited licences and special event limited licences. They also prescribe annual fees and fees payable on the grant of text or graphic information licences.

The amendments to the Regulations change the name of the Regulations to the Broadcasting (Limited Licences) Regulations. The purpose of broadcasting racing and betting information is prescribed as a purpose for which a limited licence may be granted. The new category of limited licence is entitled Racing and Betting Information Licences. Certain conditions applying to licensees holding the new licences are also prescribed.

The amendments also set out formulas for calculating fees payable by the holders of racing and betting information licences on the grant, renewal and variation of those licences, and on an annual basis.

The Regulations commenced on the date of their notification in the Gazette.

Details of the amendments to the Regulations are set out in the Attachment.

ATTACHMENT

BROADCASTING (LIMITED LICENCES) FEES REGULATIONS (AMENDMENT)

Details of Amendments

Amendment

Regulation 1 provides that the regulations amend the Broadcasting (Limited Licences) Fees Regulations.

Citation

Regulation 2 amends regulation 1 of the Regulations to omit the word "Fees" from the citation of the Regulations.

Interpretation

Regulation 3 inserts into regulation 2 of the Regulations definitions of terms used in the amending regulations.

New Part 5

Regulation 4 adds a new Part 5 to the Regulations, entitled RACING AND BETTING INFORMATION LICENCES, which includes new regulations 11 to 17.

New regulation 11 prescribes, for the purposes of subsection 81C(1) of the Act, the purpose of broadcasting racing and betting information as a purpose for which a limited licence may be granted.

New regulation 12 specifies additional matters, relating to the qualifications of licensees to hold racing and betting information licences, of which the Australian Broadcasting Tribunal must be satisfied before granting such licences.

New regulation 13 specifies additional conditions applying to racing and betting information licences, concerning the content of broadcasts by licensees.

New regulation 14 sets out the formulas to be used to calculate the fee payable by the holder of a racing and betting information licence on the grant of that licence. Different formulas apply in determining fees applicable to FM and AM licences (new subregulations 14(1) and (2)).

New regulation 15 sets out the formulas to be used to calculate the fee payable by the holder of a racing and betting information licence where, after the grant of the licence, the licensee proposes to increase the number of transmitters to be used for the purposes of the licence. Different formulas apply in determining fees applicable to FM and AM licences (new subregulations 15(1) and (2)).

Where a licensee proposes to increase the power of an established transmitter, a fee is also payable. Different formulas apply in determining fees applicable to FM and AM licences (new subregulations 15(3) and (4)).

New regulation 16 prescribes the renewal fee payable in respect of a racing and betting information licence.

New regulation 17 sets out the formulas to be used to calculate the annual fee payable by the holder of a racing and betting information licence in respect of that licence. Different formulas apply in determining fees applicable to FM and AM licences (new subregulations 17(1) and (2)). The annual fee in respect of a racing and betting information licence is payable in addition to the renewal fee payable in respect of that licence (new subregulation 17(3)).