2004-2005-2006 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Broadcasting Services Amendment (Collection of Datacasting Transmitter Licence Fees) Bill 2006 No. , 2006 (Communications, Information Technology and the Arts) A Bill for an Act to amend the Broadcasting Services Act 1992, and for other purposes [Page Break] 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 1 3 Schedule(s) ........................................................................................ 1 Schedule 1--Amendments 3 Australian Communications and Media Authority Act 2005 3 Broadcasting Services Act 1992 3 Radiocommunications Act 1992 5 i Broadcasting Services Amendment (Collection of Datacasting Transmitter Licence Fees) Bill 2006 No. , 2006 [Page Break] 1 Services Act 1992, and for other purposes 2 The Parliament of Australia enacts: 3 1 Short title 4 This Act may be cited as the Broadcasting Services Amendment 5 (Collection of Datacasting Transmitter Licence Fees) Act 2006. 6 2 Commencement 7 This Act commences on 1 January 2007. 8 3 Schedule(s) 9 Each Act that is specified in a Schedule to this Act is amended or 10 repealed as set out in the applicable items in the Schedule 11 Broadcasting Services Amendment (Collection of Datacasting Transmitter Licence Fees) Bill 2006 No. , 2006 1 [Page Break] 1 according to its terms. 2 2 Broadcasting Services Amendment (Collection of Datacasting Transmitter Licence Fees) Bill 2006 No. , 2006 [Page Break] 1 Schedule 1--Amendments 2 3 Australian Communications and Media Authority Act 2005 4 1 At the end of paragraph 10(1)(o) 5 Add: 6 or (viii) the Datacasting Transmitter Licence Fees Act 2006; 7 Broadcasting Services Act 1992 8 2 Section 205A 9 Insert: 10 channel A datacasting transmitter licence has the same meaning 11 as in the Radiocommunications Act 1992. 12 3 Section 205A (at the end of the definition of gross earnings) 13 Add: 14 ; and (c) in relation to a channel A datacasting transmitter licence--as 15 in the Datacasting Transmitter Licence Fees Act 2006. 16 4 Section 205A (at the end of the definition of licence fee) 17 Add: 18 ; or (c) section 7 of the Datacasting Transmitter Licence Fees Act 19 2006. 20 5 Section 205A 21 Insert: 22 radiocommunications transmitter has the same meaning as in the 23 Radiocommunications Act 1992. 24 6 After section 205B 25 Insert: 26 205BA Datacasting transmitter licensees to keep accounts 27 (1) A channel A datacasting transmitter licensee must: 28 Broadcasting Services Amendment (Collection of Datacasting Transmitter Licence Fees) Bill 2006 No. , 2006 3 [Page Break] (a) keep and maintain, in a recognised business or commercial 1 form, financial accounts in relation to the transmission of 2 matter by radiocommunications transmitters operating under 3 the licence; and 4 (b) make those accounts available for inspection by the ACMA 5 or an authorised officer when requested to do so; and 6 (c) within 6 months after the end of each financial year, give the 7 ACMA: 8 (i) an audited balance-sheet and an audited profit and loss 9 account, in a form approved by the ACMA, in relation 10 to the transmission of matter by radiocommunications 11 transmitters operating under the licence during the 12 financial year; and 13 (ii) a statutory declaration stating the gross earnings in 14 relation to the licence during the financial year; and 15 (d) keep such records in relation to the operation of 16 radiocommunications transmitters under the licence as the 17 ACMA directs, and give copies of those records to the 18 ACMA when requested to do so. 19 (2) The declaration referred to in subparagraph (1)(c)(ii) must be made 20 by the chief executive officer or secretary of the licensee. 21 Nominated datacaster declarations 22 (3) Clause 46 of Schedule 6 does not apply to this section. 23 Definition 24 (4) In this section: 25 authorised officer means a member, or a member of the staff, of 26 the ACMA, authorised by the ACMA in writing for the purposes of 27 this section. 28 Note: For enforcement of this section, see paragraph 109A(1)(bb) of the 29 Radiocommunications Act 1992. 30 Note: The heading to section 205B is altered by omitting "Licensees" and substituting 31 "Broadcasting licensees" 32 7 Subsection 205C(1) 33 4 Broadcasting Services Amendment (Collection of Datacasting Transmitter Licence Fees) Bill 2006 No. , 2006 [Page Break] Omit "or a commercial radio broadcasting licensee", substitute ", a 1 commercial radio broadcasting licensee or a channel A datacasting 2 transmitter licensee". 3 8 Paragraph 205C(2)(a) 4 After "205B(1)(c)", insert "or 205BA(1)(c)". 5 9 Subsection 205D(9) (definition of due date) 6 Omit "or the Television Licence Fees Act 1964", substitute ", the 7 Television Licence Fees Act 1964 or the Datacasting Transmitter 8 Licence Fees Act 2006". 9 Radiocommunications Act 1992 10 10 Section 5 11 Insert: 12 datacasting transmitter licence fee means a fee imposed under the 13 Datacasting Transmitter Licence Fees Act 2006. 14 11 After paragraph 109A(1)(b) 15 Insert: 16 (ba) if the licence is a channel A datacasting transmitter licence-- 17 a condition that the licensee will meet all obligations of the 18 licensee to pay amounts of datacasting transmitter licence 19 fee; 20 (bb) if the licence is a channel A datacasting transmitter licence-- 21 a condition that the licensee will comply with the 22 requirements of section 205BA of the Broadcasting Services 23 Act 1992; 24 Broadcasting Services Amendment (Collection of Datacasting Transmitter Licence Fees) Bill 2006 No. , 2006 5