Television Licence Fees Amendment Regulations 2010 (No. 1)1
Select Legislative Instrument 2010 No. 141
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Television Licence Fees Act 1964.
Dated 15 June 2010
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
STEPHEN CONROY
Minister for Broadband, Communications and the Digital Economy
1              Name of Regulations
                These Regulations are the Television Licence Fees Amendment Regulations 2010 (No. 1).
2              Commencement
                These Regulations commence on the day after they are registered.
3              Amendment of Television Licence Fees Regulations 1990
                Schedule 1 amends the Television Licence Fees Regulations 1990.
Schedule 1        Amendment
(regulation 3)
 
[1]           After Part 3
insert
Part 4                 Licence fee rebate scheme
  
20            Definitions
                In this Part:
accounting period, for a licensee, means:
                (a)    a financial year; or
               (b)    a 12 month period adopted by a licensee under subsection 205B (2) of the Broadcasting Services Act 1992.
Australian Content Standard means the Broadcasting Services (Australian Content) Standard 2005.
commercial television broadcasting licence has the meaning given by section 6 of the Broadcasting Services Act 1992.
digital conversion rebate means a rebate under Part 3 of these Regulations.
eligible licensee  means a licensee who holds a commercial television broadcasting licence:
                (a)    allocated under section 36, section 38A or section 38B of the Broadcasting Services Act 1992 and in force before the end of 7 February 2010; or
               (b)    allocated under section 38B of the Broadcasting           Services Act 1992 and in force during the period             starting on 7 February 2010 and ending at the end of 31 December 2010.
licensee means a holder of a commercial television broadcasting licence allocated under the Broadcasting Services Act 1992.
21            Application of scheme
                The rebate scheme in this Part applies to eligible licensees for:
                (a)    the accounting period ending on a day in 2010; and:
               (b)    the accounting period ending on a day in 2011; and:
                (c)    the accounting period ending on a day in 2012.
22            Compliance with content standard requirements
         (1)   To be eligible to claim the rebate for the accounting period mentioned in subparagraph 21 (b), eligible licensees must have complied with the Australian Content Standard for the calendar year 2010.
         (2)   To be eligible to claim the rebate for the accounting period mentioned in subparagraph 21 (c), eligible licensees must have complied with the Australian Content Standard for the calendar year 2011.
23            How to claim rebate
         (1)   To claim a licence fee rebate, an eligible licensee may deduct the amount of the rebate from the fees payable for the accounting periods mentioned in regulation 21 and calculated on the basis of the formulae mentioned in subsection 6 (2A) and section 6A of the Television Licence Fees Act 1964.
         (2)   The amount of the licence fee rebate for each accounting period and the deadlines for claiming the rebate are mentioned in the following table.
Accounting period ending in
Amount of rebate
Deadline for claiming rebate

2010
16.5%
31 December 2010

2011
41.5%
31 December 2011

2012
25%
31 December 2012

         (3)   A licence fee rebate available for an accounting period cannot be carried over to any subsequent accounting period.
24            Eligible licensees who claim digital conversion rebate
         (1)   If an eligible licensee claims a digital conversion rebate for any of the accounting periods to which the licence fee rebate applies, the eligible licensee must deduct the amount of the digital conversion rebate before calculating the amount of the licence fee rebate.
         (2)   If the digital conversion rebate is greater than or equal to an eligible licensee’s licence fees for an accounting period, the eligible licensee may not claim the licence fee rebate for that accounting period.
25            Effect of change of licensee
                The licence fee rebate that may be claimed under this Part remains the same despite a change in the eligible licensee.
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.