Datacasting Charge (Collection) Determination 2015
Broadcasting Services Act 1992
The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subclause 51(2) and subclause 51(3) of Schedule 4 to the Broadcasting Services Act 1992.
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 (Collection) 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 (FRLI) kept under the Legislative Instruments Act 2003.
3              Revocation of the Datacasting Charge (Due and Payable) Determination 2001  
                The Datacasting Charge (Due and Payable) Determination 2001 (FRLI No. F2006B00451) is revoked.
4              Revocation of the Datacasting Charge (Late Payment Penalty) Determination 2001
                The Datacasting Charge (Late Payment Penalty) Determination 2001 (FRLI No. F2006B00437) is revoked.
5              Definitions
                In this Determination:
ACMA means the Australian Communications and Media Authority.
charge means a charge imposed by section 6 of the Datacasting Charge (Imposition) Act 1998.
charge calculation period, in relation to a licensee, means the 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 a charge is imposed.
charge component of judgment debt means the amount determined by a court to be the amount of charge unpaid.
commencement day means the day on which this Determination commences.
due date in relation to a charge means the date specified in section 6.
interest on judgment debt means the dollar amount representing the amount of interest payable on the judgment debt at the time the debt is paid.
late payment penalty has the same meaning as in clause 51 of Schedule 4 to the Broadcasting Services Act 1992.
licensee means the holder of a transmitter licence.
transmitter licence means a transmitter licence issued under the Radiocommunications Act 1992 and in respect of which a charge is imposed.
6              When charge due and payable
A licensee must pay a charge on each 31 December that occurs after the end of the charge calculation period.
7              Late payment penalty
          (1)  If an amount of charge remains unpaid after the due date, a late payment penalty is due and payable by the licensee at the rate of 20% per annum on the unpaid amount, worked out from the due date, unless subsection (2) or (3) applies in relation to the amount unpaid.
          (2)  If:
(a)    an amount of charge is specified in a notice under paragraph 5(2)(f) of the Broadcasting Services (Datacasting Charge) Regulations 2001 as an amount unpaid; and
(b)    the notice does not contain a statement that the ACMA is satisfied that the licensee deliberately miscalculated the amount of the charge; and
(c)    the amount unpaid is not paid within 21 days after the day the notice was issued;
then:
(d)   this subsection applies in relation to the amount unpaid; and
(e)    late payment penalty is due and payable by the licensee, at the rate of 20% per annum on the amount unpaid, worked out from the day the notice was issued.
          (3)  If:
(a)    an amount of charge is specified in a notice under paragraph 5(2)(f) of the Broadcasting Services (Datacasting Charge) Regulations 2001 as an amount unpaid; and
(b)    the notice does not contain a statement that the ACMA is satisfied that the licensee deliberately miscalculated the amount of the charge; and
(c)    the amount unpaid is paid within 21 days after the day the notice was issued;
then:
(d)   this subsection applies in relation to the amount unpaid; and
(e)    no late payment penalty is due and payable by the licensee.
 
8              Remission of penalty
          (1)  If a late payment penalty is due and payable by the licensee under subsections 7(1) or 7(2) in relation to an amount of charge, or such a late payment penalty has been paid, and the ACMA:
(a)    is satisfied that:
(i)         the circumstances that contributed to the delay in payment of the amount were not caused directly or indirectly by an act of omission of the licensee; and
(ii)        the licensee has taken reasonable action to mitigate, or mitigate the effects of, those circumstances; or
(b)    is satisfied that:
(i)         the circumstances that contributed to the delay in payment of the amount were caused directly or indirectly by an act of omission of the licensee; and
(ii)        the licensee has taken reasonable action to mitigate, or mitigate the effects of, those circumstances; and
(iii)       having regard to the nature of those circumstances, it would be reasonable to remit the late payment penalty or part of that penalty; or
(c)    is satisfied that there are special circumstances that make it reasonable to remit the late payment penalty or part of that penalty;
                 the ACMA may remit the late payment penalty or part of that penalty.
          (2)  If:
(a)    the ACMA remits the late payment penalty or part of that penalty; and
(b)    the licensee has paid an amount of that penalty;
the ACMA must, within 21 days after remitting that penalty or part of that penalty, arrange for so much of the amount as is remitted to be refunded to the licensee.
          (3)  Despite subsections 7(1) and 7(2), an amount of unpaid charge may be recovered immediately after the due date in a court of competent jurisdiction as a debt due to the Commonwealth.
          (4)  If:
(a)    judgment is entered or given in a court for the payment of an amount of unpaid charge; and
(b)    interest is payable on the judgment debt; and
(c)    a late payment penalty is payable in respect of the unpaid charge under subsections 7(1) or 7(2);
the amount of the late payment penalty that would, but for the operation of this subsection, be so payable is reduced by the amount of the interest payable on that judgment debt.
          (5)  If:
(a)    judgment is entered or given in a court for the payment of an amount that includes an amount of unpaid charge; and
(b)    interest is payable on the judgment debt; and
(c)    a late payment penalty is payable in respect of the unpaid charge under subsections 7(1) or (2);
the amount of the late payment penalty that would, but for the operation of this clause, be so payable is reduced by an amount calculated using the formula:
 

Charge component of judgment debt
                 Judgment debt
                   Interest on judgment debt     × 
 
9              Transitional provisions
If a charge:
(a)    became due for payment before the commencement day; and
(b)    remains wholly or partly unpaid on the commencement day;
then
(c)   the late payment penalty due and payable by the licensee in relation to the unpaid charge is to be calculated in accordance with section 4 of the Datacasting Charge (Late Payment Penalty) Determination 2001 as if that Determination had not been revoked; and
(d)   an application for remission of the late payment penalty due and payable by the licensee under paragraph (c) is to be dealt with by the ACMA in accordance with section 5 of the Datacasting Charge (Late Payment Penalty) Determination 2001 as if that Determination had not been revoked.