Explanatory Memorandum
(Circulated by authority of Senator the Hon. Helen Coonan, Minister for Communications, Information Technology and the Arts)Radio Licence Fees Amendment Bill 2004
Notes on clauses
Clause 1 provides that the Bill, when enacted, may be cited as the Radio Licence Fees Amendment Act 2004.
Clause 2 provides that each provision of the Bill specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Item 1 of the table provides that clauses 1 to 3 of the Bill (containing the short title, the commencement provision and explaining the operation of the Schedules to the Bill) will commence on the day on which the Bill receives the Royal Assent.
Item 2 of the table provides that Schedules 1 and 2 to the Bill, containing various consequential amendments and transitional provisions in relation to the Radio Licence Fees Act 1964, will commence at the same time that clause 6 of the ACMA Bill commences. Clause 6 of the ACMA Bill, which establishes the ACMA, will commence on proclamation or 1 July 2005, if clause 6 has not commenced by that date.
Clause 3 provides that each Act that is specified in a Schedule to the Bill is amended or repealed as set out in that Schedule and any other item in a Schedule has effect according to its terms.
Schedule 1 to the Bill amends the Radio Licence Fees Act 1964 to replace references to the ABA with references to the ACMA.
Schedule 2 to the Bill gives continuing effect to any direction made by the ABA about the gross earnings of a commercial radio broadcasting licensee, which is relevant in calculating the licence fees payable under the Radio Licence Fees Act, as if it had been made by the ACMA.
Schedule 1 - Amendments
Items 1 and 2 - Amendments to subsection 4(1)
Items 1 and 2 repeal the definition of 'ABA' in subsection 4(1) of the Radio Licence Fees Act and insert a definition of 'ACMA' in that subsection.
Item 3 - Amendments to section 7
Section 7 of the Radio Licence Fees Act allows the ABA to direct that an amount earned during any period by an associate of a licensee, or part of such an amount, is to be treated as part of the gross earnings of the licensee in respect of that period for the purposes of that Act. The gross earnings of a licensee are taken into account in calculating the licence fees payable under the Act.
Item 3 amends section 7 to replace references to the ABA with references to the ACMA.
Schedule 2 - Transitional provisions
Item 1 contains definitions for the purposes of item 2. In particular, 'transition time' is defined to mean the commencement of Schedule 2 to the Bill. Schedule 2 will commence at the same time that clause 6 of the ACMA Bill commences. Clause 6 of the ACMA Bill, which establishes the ACMA, will commence on proclamation or 1 July 2005, if clause 6 has not commenced by that date.
Item 2 - Continued effect of directions about gross earnings
Section 7 of the Radio Licence Fees Act allows the ABA to direct that an amount earned during any period by an associate of a licensee, or part of such an amount, is to be treated as part of the gross earnings of the licensee in respect of that period for the purposes of that Act. The gross earnings of a licensee are taken into account in calculating the licence fees payable under the Act.
Item 2 gives continuing effect to any such existing direction as if it had been made by the ACMA.