Datacasting Charge (Amount)
Determination 2001
as amended
made under section 7 (1) of the
Datacasting Charge (Imposition) Act 1998
This compilation was prepared on 15 September 2008
taking into account amendments up to Datacasting Charge (Amount) Amendment
Determination 2008 (No. 1)
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
Page
Contents
1
2
3
4
Name of Determination [see Note 1]
Commencement [see Note 1]
Definitions
Amount of charge
Notes
2
3
3
3
3
5
Datacasting Charge (Amount) Determination 2001
Section 4
1
Name of Determination [see Note 1]
This Determination is the Datacasting Charge (Amount) Determination
2001.
2
Commencement [see Note 1]
This Determination commences on gazettal.
3
Definitions
In this Determination:
Act means the Datacasting Charge (Imposition) Act 1998.
last charge calculation period, in relation to a licensee, means the last
period of 12 months used by the licensee to calculate its gross earnings for
section 6 of the Television Licence Fees Act 1964 that ended during the
financial year for which charge is imposed.
Note The licensee uses that period of 12 months in its capacity as the holder of a
commercial television broadcasting licence to which the Television Licence Fees Act 1964
applies: see subsections 6 (2) and (3) of that Act.
Licensee means the holder of a transmitter licence.
transmitter licence means a transmitter licence to which section 6 of the
Act applies.
4
Amount of charge
(1) For subsection 7 (1) of the Act, the amount of charge imposed on a
transmitter licence in respect of a financial year is:
[Y (T + D)   ]
where:
D is the licensee’s gross earnings, for the last charge calculation period,
from datacasting services provided using a transmitter.
T is the licensee’s gross earnings, within the meaning of the Television
Licence Fees Act 1964, for the last charge calculation period.
X is the relevant percentage of gross earnings, for subsection 6 (2A) of the
Television Licence Fees Act 1964, for the last charge calculation period.
Y is worked out by:
(a) adding amounts D and T; and
(b) applying subsection 6 (2A) of the Television Licence Fees Act
1964 as if the sum of amounts D and T were gross earnings, for
the purposes of that Act, for the last charge calculation period.
Note X and Y are percentages: see subsection 6 (2A) of the Television Licence Fees Act
1964.
Datacasting Charge (Amount) Determination 2001
3
Section 4
(2) If amount D or T includes an amount of cents in addition to whole dollars,
the cents are to be disregarded.
4
Datacasting Charge (Amount) Determination 2001
Notes to the Datacasting Charge (Amount) Determination 2001
Table of Instruments
Notes to the Datacasting Charge (Amount)
Determination 2001
Note 1
The Datacasting Charge (Amount) Determination 2001 (in force under section 7 (1)
of the Datacasting Charge (Imposition) Act 1998) as shown in this compilation is
amended as indicated in the Tables below.
Under the Legislative Instruments Act 2003, which came into force on
1 January 2005, it is a requirement for all non-exempt legislative instruments to be
registered on the Federal Register of Legislative Instruments.
Table of Instruments
Title
Date of
notification
in Gazette or
FRLI registration
Date of
commencement
Datacasting Charge (Amount)
Determination 2001
27 June 2001
(see Gazette
2001, No. GN25)
13 May 2008 (see
F2008L01370)
27 June 2001
Datacasting Charge (Amount)
Amendment Determination
2008 (No. 1)
14 May 2008
Datacasting Charge (Amount) Determination 2001
Application,
saving or
transitional
provisions
—
5
Notes to the Datacasting Charge (Amount) Determination 2001
Table of Amendments
Table of Amendments
ad. = added or inserted
am. = amended
rep. = repealed
Provision affected
How affected
S. 4......................................
am. 2008 No. 1
6
rs. = repealed and substituted
Datacasting Charge (Amount) Determination 2001