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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97-98
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Datacasting Charge
(Imposition) Bill 1998
No. ,
1998
(Communications, the Information Economy and the
Arts)
A Bill for an Act to impose a charge
in relation to the provision of datacasting services by the ABC, the SBS and
commercial television licensees
9806720—847/7.4.1998—(67/98)
Cat. No. 97 2955 0 ISBN 0644 524014
Contents
A Bill for an Act to impose a charge in relation to the
provision of datacasting services by the ABC, the SBS and commercial television
licensees
The Parliament of Australia enacts:
This Act may be cited as the Datacasting Charge (Imposition) Act
1998.
This Act commences on the day on which it receives the Royal
Assent.
In this Act:
ACA means the Australian Communications Authority.
charge means charge imposed by this Act.
commercial television broadcasting licence has the same
meaning as in the Broadcasting Services Act 1992.
datacasting service has the same meaning as in Schedule 4 to
the Broadcasting Services Act 1992.
national broadcaster has the same meaning as in the
Broadcasting Services Act 1992.
transmitter licence has the same meaning as in the
Radiocommunications Act 1992.
For the purposes of this Act, a datacasting service is transmitted in
digital mode if the service is transmitted using a digital
modulation technique.
This Act extends to all the external Territories.
If:
(a) a transmitter licence authorises the holder to transmit datacasting
services in digital mode; and
(b) the transmitter licence is held by:
(i) the holder of a commercial television broadcasting licence;
or
(ii) a national broadcaster; and
(c) the transmitter licence is in force throughout the whole or a part of
a particular financial year; and
(d) at any time during the whole or the part, as the case may be, of the
financial year, the transmitter or transmitters concerned were used by the
holder of the transmitter licence, or by a person authorised by the holder of
the transmitter licence, to transmit datacasting services in digital mode;
and
(e) a determination under section 7 is in force at the beginning of the
financial year;
charge is imposed on the transmitter licence in respect of the financial
year.
(1) The amount of charge imposed on a transmitter licence in respect of a
financial year is the amount ascertained in accordance with a written
determination made by the ACA.
Note: Under section 12 of the Australian Communications
Authority Act 1997, the Minister may give the ACA directions in relation to
the performance of its functions and the exercise of its
powers.
(2) A determination under subsection (1) is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
Charge imposed on a transmitter licence is payable by the holder of the
licence.