Datacasting Charge (Amount) Determination 2015

Link to law: https://www.comlaw.gov.au/Details/F2015L00176

Datacasting Charge (Amount) Determination 2015
Datacasting Charge (Imposition) Act 1998
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subsection 7(1) of the Datacasting Charge (Imposition) Act 1998.
 
Dated  17th February 2015
Chris Chapman
[signed]
Member
 
Richard Bean
[signed]
Member/General Manager
Australian Communications and Media Authority
 
 
1              Name of Determination
                This Determination is the Datacasting Charge (Amount) Determination 2015.
2              Commencement
                This Determination commences on 1 April 2015.
Note  All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. 
3              Revocation
                The Datacasting Charge (Amount) Determination 2001 (FRLI No. F2005B00101) is revoked.
4              Definitions
                In this Determination:
Act means the Datacasting Charge (Imposition) Act 1998.
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.
5              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:
where:
D is the licensee’s gross earnings, for the 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 charge calculation period.
X is the relevant percentage of gross earnings, for subsection 6 (2A) of the Television Licence Fees Act 1964, for the 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 charge calculation period.
Note   X and Y are percentages: see subsection 6(2A) of the Television Licence Fees Act 1964.
         (2)   If amount D or T includes an amount of cents in addition to whole dollars, the cents are to be disregarded.
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