[pic] Television Licence Fees Regulations 1990 Statutory Rules 1990 No. 3 as amended made under the Television Licence Fees Act 1964 This compilation was prepared on 23 March 2012 taking into account amendments up to SLI 2012 No. 31 Prepared by the Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra Contents Part 1 Preliminary 1 Name of Regulations [see Note 1] 3 2 Interpretation 3 Part 3 Digital conversion rebate scheme 12 Purpose 4 13 Definitions 4 14 When regional licensee or remote licensee becomes entitled to claim rebate 5 15 Amount of rebate and carry forward 6 16 Effect of change of licensee 7 17 Amount of rebate - apportionment for certain licences in regional Victoria 7 17A Amount of rebate - certain licences in remote Western Australia 8 19 Suspension of rebate 10 Part 4 Licence fee rebate scheme 20 Definitions 11 21 Application of scheme 11 22 Compliance with content standard requirements 12 23 How to claim rebate 12 24 Eligible licensees who claim digital conversion rebate 12 25 Effect of change of licensee 13 Schedule 1 Digital conversion rebates for regional licence areas 14 Schedule 2 Digital conversion rebates for remote licence areas 16 Notes 17 Part 1 Preliminary 1 Name of Regulations [see Note 1] These Regulations are the Television Licence Fees Regulations 1990. 2 Interpretation In these Regulations, unless the contrary intention appears: Act means the Television Licence Fees Act 1964. Part 3 Digital conversion rebate scheme 12 Purpose This Part establishes a rebate scheme to assist holders of commercial television broadcasting licences for regional licence areas or remote licence areas that existed on 9 May 2000 to convert their commercial television broadcasting services from analog to digital mode. 13 Definitions In this Part: CTC scheme means the commercial television conversion scheme formulated by ACMA under subclause 6 (1) of Schedule 4 to the Broadcasting Services Act 1992. digital conversion rebate means the rebate under this Part. digital service means a commercial television broadcasting service that is transmitted in digital mode and approved by ACMA, and that is not: (a) a test transmission; or (b) a satellite transmission. fee means a fee payable under section 6, 6A or 6B of the Act. financial period, for a regional licensee, means a financial year or any other accounting period approved by ACMA for the regional licensee under subsection 205B (2) of the Broadcasting Services Act 1992. first financial year, for a digital service, means the financial year in which a licensee first becomes entitled to claim a rebate under regulation 14. regional licence means a commercial television broadcasting licence that existed on 9 May 2000 for a licence area listed in Schedule 1. regional licensee means a person who holds a regional licence or regional licences. remote licence means a commercial television broadcasting licence that existed on 9 May 2000 for a licence area listed in Schedule 2. remote licensee means a person who holds a remote licence or remote licences. 14 When regional licensee or remote licensee becomes entitled to claim rebate (1) A regional licensee or remote licensee becomes entitled to claim a digital conversion rebate of fees for a licence in a financial year if the licensee starts to transmit a digital service under the licence: (a) on a date in the period from 1 July to 31 December (inclusive) in that year; and (b) in accordance with the CTC scheme. (2) A regional licensee or remote licensee becomes entitled to claim a digital conversion rebate of fees for a licence in a financial year if, in relation to the licence, there is an implementation plan in force that: (a) is approved by ACMA; and (b) allows the licensee to start to transmit a digital service on a date in the period from 1 January to 30 June (inclusive) in that year. (3) A regional licensee or remote licensee becomes entitled to claim a digital conversion rebate of fees for a licence in a financial year if: (a) ACMA has approved the transmission of a digital service, under the CTC scheme, before the start of the simulcast period for the licence area; and (b) the approval authorises transmission of the service in the financial year; and (c) the approval has not been revoked. Note 1 Regional licences: Under subclause 6 (3) of Schedule 4 to the Broadcasting Services Act 1992, ACMA must determine the date, being a date during the period beginning on 1 January 2001 and ending immediately before 1 January 2004, when a regional licensee must start to transmit a digital service. However, ACMA may allow, under Division 11 of Part A of the CTC scheme, a regional licensee to start to transmit a digital service before the date determined by ACMA under subclause 6 (3) of Schedule 4 to the Broadcasting Services Act 1992. Note 1A Remote licences: Under subclause 138 (1) of Part B to the CTC Scheme, ACMA must determine the date when a remote licensee must start to transmit a digital service. However, ACMA may allow, under Division 11 of Part B of the CTC scheme, a remote licensee to start to transmit a digital service before the date determined by ACMA under subclause 138 (1) of the CTC Scheme. Note 2 Under clause 9 of Schedule 4 to the Broadcasting Services Act 1992, the CTC scheme must make provision for requiring holders of commercial television broadcasting licences to prepare, and submit to ACMA, 1 or more implementation plans relating to digital transmission of their service or services. (4) Despite subregulations (1), (2) and (3), if the licenses issued in relation to items 3A and 3B of Schedule 1 are held by the same licensee and the licensee becomes eligible for the rebate for one of the licences before the other, the licensee is taken to be automatically eligible for the rebate for the other licence at the same time. Note Regulation 17 sets out the method of apportionment of 2 licences held by the same licensee. (5) Despite subregulations (1), (2) and (3), if the licences issued in relation to items 3, 4, 5 or 6 of Schedule 2 are held by wholly- owned subsidiary companies of the same parent company, all the subsidiaries are taken to be eligible for the rebate on the day that one of the subsidiaries becomes eligible for the rebate. Note Regulation 17A sets out the method of apportionment for licences held by wholly-owned subsidiaries of the same parent company, including the apportionment procedure to be adopted if the subsidiaries become owned by different parent companies. 15 Amount of rebate and carry forward (1) A regional licensee for a licence area in an item in Schedule 1 is entitled to the digital conversion rebate mentioned in column 4 of the item for the first financial year, and for each subsequent financial year, up to the total entitlement mentioned in column 5 of that item. (1A) A remote licensee for a licence area in an item in Schedule 2 is entitled to the digital conversion rebate mentioned in column 4 of the item for the first financial year, and for each subsequent financial year, up to the total entitlement mentioned in column 5 of that item. (2) However, if the rebate would be more than the fees payable on the 31 December occurring during the financial year: (a) the licensee is not entitled to the excess; and (b) the excess may be claimed as a digital conversion rebate against the fees for the licence in the subsequent financial year or years, up to the total entitlement. (3) Despite any provision in this Part, a regional licensee is not entitled to a digital conversion rebate under subregulation (1) or paragraph (2) (b) after 31 December 2012. (4) Despite any provision in this Part, a remote licensee is not entitled to a digital conversion rebate under subregulation (1A) or paragraph (2) (b) after 31 December 2017. 16 Effect of change of licensee (1) The digital conversion rebate that may be claimed in relation to a licence in accordance with Schedule 1 or 2 remains the same despite a change in the holder of the licence. (2) To avoid doubt, the rebate that may be claimed in relation to a licence that is subject to apportionment under regulation 17 or 17A remains the same despite the sale or transfer of the licence. 17 Amount of rebate - apportionment for certain licences in regional Victoria (1) For purposes of the digital conversion rebate, the rebate and total entitlement in items 3A (Eastern Victoria) and 3B (Western Victoria) of Schedule 1 are worked out on the basis that 1 licensee holds the licences for both licence areas. (2) The licensee that holds 2 licences is entitled to a digital conversion rebate of $1 700 000 for the first financial year, and for each subsequent financial year, up to the total entitlement of $13 600 000, apportioned as a percentage between the 2 licences (licence 1 and licence 2) in accordance with the following formulas: [pic] [pic] where: Total earnings means Y1 + Y2. Y1 means the annual gross earnings of the licensee from licence 1 for the most recent financial period. Y2 means the annual gross earnings of the licensee from licence 2 for the most recent financial period. 17A Amount of rebate - certain licences in remote Western Australia (1) For the purposes of the digital conversion rebate, the rebate and total entitlement in item 3 (Western Zone TV1), item 4 (Kalgoorlie TV1), item 5 (Geraldton TV1) and item 6 (South West and Great Southern TV1) of Schedule 2 are worked out on the basis that each of the remote licensees is a wholly-owned subsidiary company of the same parent company. (2) The parent company of the 4 subsidiary companies mentioned in subregulation (1) is entitled to a digital conversion rebate of up to $760 000 for the first financial year, and for each subsequent financial year, up to the total entitlement of $6 080 000. What happens if the subsidiary companies are sold to a single new parent company? (3) If all the subsidiary companies are sold to a single parent company, the new parent company is entitled to a digital conversion rebate, up to the annual and total entitlements mentioned in subregulation (2), as follows: (a) if the previous parent company has already claimed for the financial year in which the subsidiary companies are sold - digital conversion rebate for each subsequent financial year; (b) if the previous parent company has not already claimed for the financial year in which the subsidiary companies are sold - digital conversion rebate for that financial year and each subsequent financial year. What happens if the subsidiary companies become owned by different parent companies? (4) If, during a financial year, the subsidiary companies become owned by more than one parent company, each parent company is entitled to a digital conversion rebate, up to the annual and total entitlements mentioned in subregulation (2), as follows: (a) for a claim in respect of a subsidiary company for which a parent company has already claimed for the financial year in which any subsidiary company is sold (disposition year) - 25% of the digital conversion rebate for each subsequent financial year; (b) for a claim in respect of a subsidiary company for which a parent company has not already claimed for the disposition year: (i) 25% of the digital conversion rebate for the disposition year; and (ii) 25% of the digital conversion rebate for each subsequent financial year. 19 Suspension of rebate (1) This regulation applies if a regional licensee or a remote licensee: (a) becomes entitled to a digital conversion rebate in a financial year because of regulation 14; but (b) does not start to transmit a digital service on the date determined, or approved, by ACMA. (2) ACMA may suspend the entitlement of the regional licensee or remote licensee to a digital conversion rebate for the financial year. (3) In deciding whether to suspend the entitlement of the regional licensee or remote licensee, ACMA must consider: (a) the reasons given by the licensee for its failure to start to transmit a digital service on the date determined, or approved, by ACMA; and (b) any other matters that ACMA considers relevant. (4) The suspension of an entitlement under this regulation must: (a) be in writing; and (b) set out the findings on material questions of fact, refer to the evidence or material on which those findings are based and give the reasons for the suspension. (5) Application may be made to the Administrative Appeals Tribunal for a review of the suspension of entitlement. Part 4 Licence fee rebate scheme 20 Definitions In this Part: accounting period, for a licensee, means: (a) a financial year; or (b) a 12 month period adopted by a licensee under subsection 205B (2) of the Broadcasting Services Act 1992. Australian Content Standard means the Broadcasting Services (Australian Content) Standard 2005. commercial television broadcasting licence has the meaning given by section 6 of the Broadcasting Services Act 1992. digital conversion rebate means a rebate under Part 3 of these Regulations. eligible licensee means a licensee who holds a commercial television broadcasting licence: (a) allocated under section 36, section 38A or section 38B of the Broadcasting Services Act 1992 and in force before the end of 7 February 2010; or (b) allocated under section 38B of the Broadcasting Services Act 1992 and in force during the period starting on 7 February 2010 and ending at the end of 31 December 2010. licensee means a holder of a commercial television broadcasting licence allocated under the Broadcasting Services Act 1992. 21 Application of scheme The rebate scheme in this Part applies to eligible licensees for: (a) the accounting period ending on a day in 2010; and: (b) the accounting period ending on a day in 2011; and: (c) the accounting period ending on a day in 2012. 22 Compliance with content standard requirements (1) To be eligible to claim the rebate for the accounting period mentioned in subparagraph 21 (b), eligible licensees must have complied with the Australian Content Standard for the calendar year 2010. (2) To be eligible to claim the rebate for the accounting period mentioned in subparagraph 21 (c), eligible licensees must have complied with the Australian Content Standard for the calendar year 2011. 23 How to claim rebate (1) To claim a licence fee rebate, an eligible licensee may deduct the amount of the rebate from the fees payable for the accounting periods mentioned in regulation 21 and calculated on the basis of the formulae mentioned in subsection 6 (2A) and section 6A of the Television Licence Fees Act 1964. (2) The amount of the licence fee rebate for each accounting period and the deadlines for claiming the rebate are mentioned in the following table. |Accounting |Amount of rebate|Deadline for | |period | |claiming rebate | |ending in | | | |2010 |16.5% |31 December 2010 | |2011 |41.5% |31 December 2011 | |2012 |50% |31 December 2012 | (3) A licence fee rebate available for an accounting period cannot be carried over to any subsequent accounting period. 24 Eligible licensees who claim digital conversion rebate (1) If an eligible licensee claims a digital conversion rebate for any of the accounting periods to which the licence fee rebate applies, the eligible licensee must deduct the amount of the digital conversion rebate before calculating the amount of the licence fee rebate. (2) If the digital conversion rebate is greater than or equal to an eligible licensee's licence fees for an accounting period, the eligible licensee may not claim the licence fee rebate for that accounting period. 25 Effect of change of licensee The licence fee rebate that may be claimed under this Part remains the same despite a change in the eligible licensee. Schedule 1 Digital conversion rebates for regional licence areas (regulations 14, 15, 16 and 17) |Column |Column 2 |Column 3 |Column 4 |Column 5 | |1 | | | | | |Item |Licence area |No. of |Maximum |Total | | | |licensees|rebate |rebate | | | | |entitlement|entitlement| | | | |per |for each | | | | |financial |licensee | | | | |year for |($m.) | | | | |each | | | | | |licensee | | | | | |($m.) | | | 1 |Northern New |3 |1.70 |13.60 | | |South Wales | | | | | 2 |Southern New |3 |1.70 |13.60 | | |South Wales | | | | | 3 |Regional |2 |1.70 |13.60 | | |Victoria | | | | | 3A |Eastern |1 |the |the | | |Victoria | |proportion |proportion | | | | |of 1.70 |of 13.60 | | | | |worked out |worked out | | | | |under |under | | | | |regulation |regulation | | | | |17 |17 | | 3B |Western |1 |the |the | | |Victoria | |proportion |proportion | | | | |of 1.70 |of 13.60 | | | | |worked out |worked out | | | | |under |under | | | | |regulation |regulation | | | | |17 |17 | | 4 |Regional |3 |1.70 |13.60 | | |Queensland | | | | | 5 |Mildura/Sunra|2 |0.10 |0.80 | | |ysia | | | | | 6 |Tasmania |2 |0.83 |6.64 | | 7 |Darwin |2 |0.41 |3.28 | | 8 |Griffith and |2 |0.07 |0.56 | | |Murrumbidgee | | | | | |Irrigation | | | | | |Area | | | | | 9 |Mount |1 |0.34 |2.38 | | |Gambier/ | | | | | |South East | | | | | 10 |Riverland |1 |0.06 |0.48 | | 11 |Broken Hill |1 |0.06 |0.48 | | 12 |Spencer Gulf |1 |0.34 |3.06 | Schedule 2 Digital conversion rebates for remote licence areas (regulations 13, 15, 16 and 17A) |Column |Column 2 |Column 3|Column 4 |Column 5 | |1 | | | | | |Item |Licence |No. of |Maximum |Total rebate| | |area |licensee|rebate |entitlement | | | |s |entitlement |for each | | | | |per |licensee | | | | |financial |($m.) | | | | |year for | | | | | |each | | | | | |licensee | | | | | |($m.) | | |1 |Remote |1 |0.20 |0.60 | | |Central | | | | | |and | | | | | |Eastern | | | | | |TV1 | | | | |2 |Remote and|1 |0.66 |5.28 | | |Regional | | | | | |WA TV1 | | | | |3 |Western |1 |0.19 in |1.52 | | |Zone TV1 | |accordance | | | | | |with | | | | | |regulation | | | | | |17A | | |4 |Kalgoorlie|1 |0.19 in |1.52 | | |TV1 | |accordance | | | | | |with | | | | | |regulation | | | | | |17A | | |5 |Geraldton |1 |0.19 in |1.52 | | |TV1 | |accordance | | | | | |with | | | | | |regulation | | | | | |17A | | |6 |South West|1 |0.19 in |1.52 | | |and Great | |accordance | | | |Southern | |with | | | |TV1 | |regulation | | | | | |17A | | Notes to the Television Licence Fees Regulations 1990 Note 1 The Television Licence Fees Regulations 1990 (in force under the Television Licence Fees Act 1964) as shown in this compilation comprise Statutory Rules 1990 No. 3 amended as indicated in the Tables below. Table of Instruments |Year and |Date of |Date of |Application,| |number |notification |commencement |saving or | | | | |transitional| | |in Gazette or| |provisions | | | | | | | |FRLI | | | | |registration | | | |1990 No. 3 |25 Jan 1990 |25 Jan 1990 | | |1991 No. 79 |30 Apr 1991 |1 Jan 1991 |R. 3 | |1992 No. 448|24 Dec 1992 |24 Dec 1992 |- | |1996 No. 323|23 Dec 1996 |Part 2: 25 Jan |R. 7 | | | |1990 | | | | |Part 3: 1 Jan | | | | |1991 | | | | |Remainder: 23 | | | | |Dec 1996 | | |2000 No. 277|12 Oct 2000 |12 Oct 2000 |- | |2002 No. 336|20 Dec 2002 |Rr. 1-3 and |- | | | |Schedule 1: 12 | | | | |October 2000 | | | | |Remainder: 20 | | | | |Dec 2002 | | |2008 No. 67 |2 May 2008 |3 May 2008 |- | | |(see | | | | |F2008L01138) | | | |2010 No. 141|17 June 2010 |18 June 2010 |- | | |(see | | | | |F2010L01591) | | | |2012 No. 31 |22 Mar 2012 |23 Mar 2012 |- | | |(see | | | | |F2012L00659) | | | Table of Amendments |ad. = added or inserted am. = amended rep. = | |repealed rs. = repealed and substituted | |Provision affected|How affected | |Part 1 | | |Heading to Part 1 |ad. 2000 No. 277 | |R. 1 |rs. 2000 No. 277 | |R. 2 |am. 1991 No. 79; 1992 No. 448; 1996 | | |No. 323; 2000 No. 277; 2002 No. 336 | |Part 2 | | |Heading to Part 2 |ad. 2000 No. 277 | | |rep. 2002 No. 336 | |R. 2A |ad. 1991 No. 79 | | |am. 2000 No. 277 | | |rep. 2002 No. 336 | |Rr. 2AA, 2AB |ad. 1996 No. 323 | | |rep. 2002 No. 336 | |Rr. 3, 4 |am. 1991 No. 79; 1992 No. 448; 1996 | | |No. 323 | | |rep. 2002 No. 336 | |R. 5 |ad. 1991 No. 79 | | |am. 1992 No. 448; 1996 No. 323 | | |rep. 2002 No. 336 | |R. 6 |ad. 1991 No. 79 | | |am. 1992 No. 448; 1996 No. 323 | | |rep. 2002 No. 336 | |Notes to r. 6 (6) |rep. 2000 No. 277 | | | | |(Examples 1, 2, 3)| | |R. 7 |ad. 1992 No. 448 | | |am. 1996 No. 323 | | |rep. 2002 No. 336 | |Rr. 8-10 |ad. 1992 No. 448 | | |rep. 2002 No. 336 | |R. 11 |ad. 2000 No. 277 | | |rep. 2002 No. 336 | |Part 3 | | |Part 3 |ad. 2000 No. 277 | |R. 12 |ad. 2000 No. 277 | | |am. 2002 No. 336 | |R. 13 |ad. 2000 No. 277 | | |am. 2002 No. 336; 2008 No. 67 | |Heading to r. 14 |rs. 2008 No. 67 | |R. 14 |ad. 2000 No. 277 | | |am. 2002 No. 336; 2008 No. 67 | |Note 1 to r. 14 |rs. 2008 No. 64 | |(3) | | |Note 1A to r. 14 |ad. 2008 No. 64 | |(3) | | |Note 2 to r. 14 |am. 2008 No.64 | |(3) | | |R.15 |ad. 2000 No. 277 | | |am. 2002 No. 336; 2008 No. 67 | |R. 16 |ad. 2000 No. 277 | | |am. 2002 No. 336; 2008 No. 67 | |R. 17 |ad. 2000 No. 277 | | |am. 2002 No. 336 | |R. 17A |ad. 2008 No. 67 | |R. 18 |ad. 2000 No. 277 | | |rep. 2002 No. 336 | |R. 19 |ad. 2000 No. 277 | | |am. 2008 No. 67 | |Part 4 | | |Part 4 |ad. 2010 No. 141 | |R. 20 |ad. 2010 No. 141 | |R. 21 |ad. 2010 No. 141 | |R. 22 |ad. 2010 No. 141 | |R. 23 |ad. 2010 No. 141 | | |am. 2012 No. 31 | |R. 24 |ad. 2010 No. 141 | |R. 25 |ad. 2010 No. 141 | |Schedule 1 | | |Schedule 1 |ad. 2000 No. 277 | | |rs. 2002 No. 336 | |Schedule 2 | | |Schedule 2 |ad. 2002 No. 336 | | |rs. 2008 No. 67 | Table A Application, saving or transitional provisions Statutory Rules 1991 No. 79 3 Application 3.1 Subject to subregulation 3.2, the amendments of the Television Licence Fees Regulations made by these Regulations apply to fees payable by licensees on or after 1 January 1991. 3.2 The amendments of the Television Licence Fees Regulations made by these Regulations apply to fees payable on or after 1 January 1990 by licensees who hold licences in Approved Market C, being an approved market specified in the Indicative Plan published by the Minister under section 94E of the Broadcasting Act 1942 in the Gazette on 26 August 1987. Statutory Rules 1996 No. 323 7 Application of Part to certain fees 7.1 This Part applies to fees payable on or after: (a) 1 January 1990 by licensees for licences in Approved Market C; and (b) 1 January 1991 by licensees for other licences. 7.2 In subregulation 7.1: Approved Market C means a market specified in the indicative plan published by the Minister under section 94E of the Broadcasting Act 1942 in the Gazette on 26 August 1987. Note 1 The amendments of the Regulations that introduced Rebate Scheme B commenced on 1 January 1991. Note 2 However, those amendments applied from 1 January 1990 to fees payable by licensees for licences in Approved Market C.