TELEVISION LICENCE FEES REGULATIONS 1990 NO. 3 TELEVISION LICENCE FEES REGULATIONS 1990 NO. 3 - TABLE OF PROVISIONS 1. Citation 2. Interpretation 3. Rebates 4. Consolidated licences-rebates 1990 No. 3 TELEVISION LICENCE FEES REGULATIONS - REG 1 Citation 1. These Regulations may be cited as the Television Licence Fees Regulations. 1990 No. 3 TELEVISION LICENCE FEES REGULATIONS - REG 2 Interpretation 2. In these Regulations, unless the contrary intention appears: "consolidated licence" means a licence granted under section 81 of the Broadcasting Act 1942 as a result of a direction of the Minister under subsection 94ZC (1) or (2) of that Act; "direction day", in relation to a licence, means the day on which the Minister directed the Tribunal under section 94S or 94ZH of the Broadcasting Act 1942 to extend the service area of the licence; "fee" means a fee payable under subsection 6 (2) of the Act; "former licence", in relation to a consolidated licence, means a licence that is revoked as a result of a direction by the Minister under subsection 94ZC (1) or (2) of the Broadcasting Act 1942; "former licensee", in relation to a consolidated licence, means the licensee of a licence that is revoked as a result of a direction by the Minister under subsection 94ZC (1) or (2) of the Broadcasting Act 1942; "new licensee" means a person who holds a commercial television licence: (a) that is a consolidated licence in an approved market specified in the Indicative Plan; and (b) for which a fee is payable; "relevant anniversary", in relation to a former licence, means the anniversary of the commencement of the licence that would, if that licence had not been revoked under subsection 94ZC (1) or (2) of the Broadcasting Act 1942, have occurred during the year that began on the day on which the licence was revoked; "the Act" means the Television Licence Fees Act 1964. 1990 No. 3 TELEVISION LICENCE FEES REGULATIONS - REG 3 Rebates 3. (1) This regulation applies to a licensee who holds a commercial television licence: (a) in an approved market; and (b) for which a fee is payable. (2) If: (a) a licensee to whom this regulation applies notifies the Tribunal in writing that the licensee claims a rebate of fees payable by the licensee for a commercial television licence in an approved market; and (b) the Minister has directed the Tribunal under section 94S or 94ZH of the Broadcasting Act 1942 to extend the service area of that licence; and (c) the licence has not been in force for more than 4 years since the direction was given; the licensee is entitled to a rebate of those fees. (3) The amount of rebate to which a licensee is entitled is: (a) if the fee payable by the licensee is the fee payable on the first anniversary of the date of commencement of the licence that occurs: (i) while the licence is in force or during the 24 months immediately following the expiration of the licence; and (ii) after the Minister has directed the Tribunal under section 94S or 94ZH of the Broadcasting Act 1942 to extend the service area of the licence; an amount equal to the amount of that fee; and (b) if the fee payable by the licensee is the fee payable on the second such anniversary-an amount equal to 75% of that fee; and (c) if the fee payable by the licensee is the fee payable on the third such anniversary-an amount equal to 50% of that fee; and (d) if the fee payable by the licensee is the fee payable on the fourth such anniversary-an amount equal to 25% of that fee. 1990 No. 3 TELEVISION LICENCE FEES REGULATIONS - REG 4 Consolidated licences-rebates 4. (1) If: (a) one or more of the former licensees in relation to a consolidated licence would have been entitled to a rebate under regulation 3 for the former licence on the relevant anniversary in relation to that former licence; and (b) the new licensee notifies the Tribunal in writing that the licensee claims a rebate of fees payable for the consolidated licence; the new licensee is entitled to a rebate of those fees. (2) If more than one former licensee in relation to a consolidated licence would have been entitled to a rebate under regulation 3 for a former licence on its relevant anniversary, the rebate to which the holder of the consolidated licence is entitled is to be worked out as if the relevant anniversary referred to in subregulation (1) is the anniversary of the former licence in relation to which the direction day first occurs. (3) The amount of rebate to which a new licensee is entitled is: (a) if the fee payable by the new licensee is payable on the first anniversary of the date of commencement of the consolidated licence that occurs while the licence is in force or during the 24 months immediately following the expiration of the licence and: (i) the relevant anniversary referred to in subregulation (1) was the first anniversary of the commencement of the former licence after the direction day-an amount equal to the amount of that fee; and (ii) the relevant anniversary referred to in subregulation (1) was the second anniversary of the commencement of the former licence after the direction day-an amount equal to 75% of that fee; and (iii) the relevant anniversary referred to in subregulation (1) was the third anniversary of the commencement of the former licence after the direction day-an amount equal to 50% of that fee; and (iv) the relevant anniversary referred to in subregulation (1) was the fourth anniversary of the commencement of the former licence after the direction day-an amount equal to 25% of that fee; and (b) if the fee payable by the new licensee is payable on the second anniversary of the date of commencement of the consolidated licence that occurs while the licence is in force or during the 24 months immediately following the expiration of the licence and: (i) the relevant anniversary referred to in subregulation (1) was the first anniversary of the commencement of the former licence after the direction day-an amount equal to 75% of that fee; and (ii) the relevant anniversary referred to in subregulation (1) was the second anniversary of the commencement of the former licence after the direction day-an amount equal to 50% of that fee; and (iii) the relevant anniversary referred to in subregulation (1) was the third anniversary of the commencement of the former licence after the direction day-an amount equal to 25% of that fee; and (c) if the fee payable by the new licensee is payable on the third anniversary of the date of commencement of the consolidated licence that occurs while the licence is in force or during the 24 months immediately following the expiration of the licence and: (i) the relevant anniversary referred to in subregulation (1) was the first anniversary of the commencement of the former licence after the direction day-an amount equal to 50% of that fee; and (ii) the relevant anniversary referred to in subregulation (1) was the second anniversary of the commencement of the former licence after the direction day-an amount equal to 25% of that fee; and (d)if: (i) the fee payable by the new licensee is payable on the fourth anniversary of the date of commencement of the consolidated licence that occurs while the licence is in force or during the 24 months immediately following the expiration of the licence; and (ii) the relevant anniversary referred to in subregulation (1) was the first anniversary of the commencement of the former licence after the direction day; an amount equal to 25% of that fee. - NOTES 1990 No. 3*1* TELEVISION LICENCE FEES REGULATIONS *1* Notified in the Commonwealth of Australia Gazette on 25 January 1990.