{"id":"F2017L00334","name":"Broadcasting (Charges) Determination 2017","slug":"broadcasting-charges-determination-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96043,"registerId":"commonwealth-F2017L00334-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1 Preliminary\n\n#### 1 Name\n\n  This is the Broadcasting (Charges) Determination 2017.\n\n#### 3 Authority\n\n  This determination is made under subsection 60(1) of the Australian Communications and Media Authority Act 2005.\n\n#### 5 Definitions\n\n  (1) In this determination:\n\n> ACMA Act means the Australian Communications and Media Authority Act 2005.\n\n> Broadcasting Services Act means the Broadcasting Services Act 1992.\n\n  (2) Unless the contrary intention appears, expressions used in this determination and in the Broadcasting Services Act have the same meaning in this determination as they have in that Act.\n\n> Note: A number of other expressions used in this determination are defined in the Broadcasting Services Act, including:\n\n    ACMA (see section 6);\n    commercial radio broadcasting licence (see section 6);\n    commercial television broadcasting licence (see section 6);\n    datacasting licence (see section 6);\n    international broadcasting licence (see section 6);\n    licence (see section 6); and\n    subscription television broadcasting licence (see section 6).\n\n#### 6 References to other instruments\n\n  In this determination, unless the contrary intention appears:\n    (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n    (b) a reference to any other kind of instrument is a reference to that other instrument as in force at the time this instrument commences.\n\n> Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This is the Broadcasting (Charges) Determination 2017.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This determination is made under subsection 60(1) of the Australian Communications and Media Authority Act 2005.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n  (1) In this determination:\n\n> ACMA Act means the Australian Communications and Media Authority Act 2005.\n\n> Broadcasting Services Act means the Broadcasting Services Act 1992.\n\n  (2) Unless the contrary intention appears, expressions used in this determination and in the Broadcasting Services Act have the same meaning in this determination as they have in that Act.\n\n> Note: A number of other expressions used in this determination are defined in the Broadcasting Services Act, including:\n\n    ACMA (see section 6);\n    commercial radio broadcasting licence (see section 6);\n    commercial television broadcasting licence (see section 6);\n    datacasting licence (see section 6);\n    international broadcasting licence (see section 6);\n    licence (see section 6); and\n    subscription television broadcasting licence (see section 6).","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"References to other instruments","content":"#### 6 References to other instruments\n\n  In this determination, unless the contrary intention appears:\n    (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n    (b) a reference to any other kind of instrument is a reference to that other instrument as in force at the time this instrument commences.\n\n> Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Charges relating to functions under the Broadcasting Services Act","content":"## Part 2 Charges relating to functions under the Broadcasting Services Act\n\n#### 7 Application\n\n  (1) Under subsection 60(1) of the ACMA Act, the ACMA may make determinations fixing charges for:\n\n  services provided by the ACMA; and\n  any matter in relation to which expenses are incurred by the ACMA under the Acts specified in the subsection (including the Broadcasting Services Act) or an instrument made under an Act specified in the subsection (other than the ACMA Act).\n\n  (2) Certain provisions of the Broadcasting Services Act provide for the ACMA to receive and process applications to:\n\n  allocate or renew licences; or\n  give opinions.\n\n  (3) This determination:\n\n  fixes the charges that are to be applied in relation to the expenses incurred by the ACMA in carrying out the functions mentioned in subsection (2); and\n  specifies the persons by whom, and the times when, those charges are payable.\n\n#### 8 Charge\n\n  The charge for a matter mentioned in column 2 of an item in Schedule 1 is the amount mentioned in column 3 of that item.\n  9 By whom and when is the charge payable\n  The charges are payable by the applicant:\n\n  in the case of a charge mentioned in Part 1 of Schedule 1 or item 1 of Part 3 of Schedule 1 – when the application is made;\n  in the case of a charge mentioned in Part 2 of Schedule 1 – by the due date specified in an invoice issued by the ACMA to the applicant for the charge; and\n  in the case of a charge mentioned in subsection 11(3) in relation to item 2 of Part 3 of Schedule 1 – by the due date specified in an invoice issued by the ACMA to the applicant for the charge.\n\n#### 10 Hourly rates of charge\n\n  In this determination, the hourly rate of charge for each person providing a service or matter to which the rate applies is:\n\n  for each completed hour - $239; and\n  for a part of an hour – the proportion of $239 equal to the proportion of an hour for which charge is to be made.\n\n#### 11 Special rules – charges for considering and processing an application under section 121FA of the Broadcasting Services Act\n\n  (1) This section applies if a deposit is paid under item 1 of Part 3 of Schedule 1 (the deposit).\n  (2) If:\n\n  1 or more amounts are payable under item 2 of Part 3 of Schedule 1; and\n  the aggregate of those amounts is less than the deposit,\n\n    the amounts referred to in paragraph (a) will be deducted from the deposit, and the ACMA must refund the difference to the applicant.\n  (3) If:\n    (a) 1 or more amounts are payable under item 2 of Part 3 of Schedule 1; and\n    (b) the aggregate of those amounts is greater than the deposit,\n  the applicant must pay the difference of the charge under paragraph 9(c).","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Application","content":"#### 7 Application\n\n  (1) Under subsection 60(1) of the ACMA Act, the ACMA may make determinations fixing charges for:\n\n  services provided by the ACMA; and\n  any matter in relation to which expenses are incurred by the ACMA under the Acts specified in the subsection (including the Broadcasting Services Act) or an instrument made under an Act specified in the subsection (other than the ACMA Act).\n\n  (2) Certain provisions of the Broadcasting Services Act provide for the ACMA to receive and process applications to:\n\n  allocate or renew licences; or\n  give opinions.\n\n  (3) This determination:\n\n  fixes the charges that are to be applied in relation to the expenses incurred by the ACMA in carrying out the functions mentioned in subsection (2); and\n  specifies the persons by whom, and the times when, those charges are payable.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Charge","content":"#### 8 Charge\n\n  The charge for a matter mentioned in column 2 of an item in Schedule 1 is the amount mentioned in column 3 of that item.\n  9 By whom and when is the charge payable\n  The charges are payable by the applicant:\n\n  in the case of a charge mentioned in Part 1 of Schedule 1 or item 1 of Part 3 of Schedule 1 – when the application is made;\n  in the case of a charge mentioned in Part 2 of Schedule 1 – by the due date specified in an invoice issued by the ACMA to the applicant for the charge; and\n  in the case of a charge mentioned in subsection 11(3) in relation to item 2 of Part 3 of Schedule 1 – by the due date specified in an invoice issued by the ACMA to the applicant for the charge.","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Hourly rates of charge","content":"#### 10 Hourly rates of charge\n\n  In this determination, the hourly rate of charge for each person providing a service or matter to which the rate applies is:\n\n  for each completed hour - $239; and\n  for a part of an hour – the proportion of $239 equal to the proportion of an hour for which charge is to be made.","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Special rules — charges for considering and processing an application under section 121FA of the Broadcasting Services Act","content":"#### 11 Special rules – charges for considering and processing an application under section 121FA of the Broadcasting Services Act\n\n  (1) This section applies if a deposit is paid under item 1 of Part 3 of Schedule 1 (the deposit).\n  (2) If:\n\n  1 or more amounts are payable under item 2 of Part 3 of Schedule 1; and\n  the aggregate of those amounts is less than the deposit,\n\n    the amounts referred to in paragraph (a) will be deducted from the deposit, and the ACMA must refund the difference to the applicant.\n  (3) If:\n    (a) 1 or more amounts are payable under item 2 of Part 3 of Schedule 1; and\n    (b) the aggregate of those amounts is greater than the deposit,\n  the applicant must pay the difference of the charge under paragraph 9(c).","sortOrder":9},{"sectionNumber":"Part 1 Charges relating to licences","sectionType":"division","heading":"Part 1 Charges relating to licences","content":"### Part 1 Charges relating to licences\n\n| Column 1 | Column 2                                                                                                                                                                                                              | Column 3  |\n| -------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | --------- |\n| Item     | Matter                                                                                                                                                                                                                | Charges   |\n| 1        | Considering and processing an application made under section 38A or 38B of the Broadcasting Services Act for an additional television licence in a 1 or 2 station market                                              | $2,948.00 |\n| 2        | Considering and processing an application under section 40 of the Broadcasting Services Act for a non-broadcasting services bands commercial television broadcasting licence or commercial radio broadcasting licence | $476.00   |\n| 3        | Considering and processing an application under section 46 of the Broadcasting Services Act for renewal of a commercial television broadcasting licence or commercial radio broadcasting licence                      | $213.00   |\n| 4        | Considering and processing an application under section 96 of the Broadcasting Services Act for a subscription television broadcasting licence                                                                        | $249.00   |\n| 5        | Considering and processing an application under clause 7 of Schedule 6 to the Broadcasting Services Act for a datacasting licence                                                                                     | $448.00   |","sortOrder":10},{"sectionNumber":"Part 2 Charges relating to opinions","sectionType":"division","heading":"Part 2 Charges relating to opinions","content":"### Part 2 Charges relating to opinions\n\n| Column 1 | Column 2                                                                                         | Column 3    |\n| -------- | ------------------------------------------------------------------------------------------------ | ----------- |\n| Item     | Matter                                                                                           | Charges     |\n| 1        | Preparing and giving an opinion on application under section 21 of the Broadcasting Services Act | hourly rate |\n| 2        | Preparing and giving an opinion on application under section 74 of the Broadcasting Services Act | hourly rate |\n\nPart 3 Charges relating to international broadcasting licences\n\n| Column 1 | Column 2                                                                                                                                 | Column 3    |\n| -------- | ---------------------------------------------------------------------------------------------------------------------------------------- | ----------- |\n| Item     | Matter                                                                                                                                   | Charges     |\n| 1        | Deposit to accompany an application under section 121FA of the Broadcasting Services Act for an international broadcasting licence       | $4,500.00   |\n| 2        | Considering and processing an application under section 121FA of the Broadcasting Services Act for an international broadcasting licence | hourly rate |","sortOrder":11}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination exercises the ACMA's fee-setting power under subsection 60(1) of the ACMA Act (s 3 and s 7) and does not amend the ACMA's licensing or opinion-making powers. It specifies which applicant activities are charged, the amounts (fixed fees in Schedule 1 and hourly rate in s 10), payment timing (s 9), and deposit/reconciliation rules for international licences (s 11). It leaves substantive regulatory scope unchanged and relies on definitions and external instruments by reference (s 5, s 6)."},"complexity_factors":["Multiple cross-references to the Broadcasting Services Act and ACMA Act (see ss 3, 5, 7) requiring readers to consult other statutes for full meaning","Combination of fixed fees (Schedule 1 Parts 1 and 3) and an hourly rate ($239) for opinion and processing work (s 10 and Schedule entries)","Different payment timings and methods (on-application vs on-invoice) that create procedural distinctions for applicants (s 9)","Deposit and reconciliation mechanics for international licence applications (s 11 and Schedule 1 Part 3) introduce conditional accounting rules","Use of definitions by reference (s 5) and references to instruments as in force (s 6) require attention to contemporaneous instruments and definitions","Textual duplication and repeated headings in the instrument increase reading and parsing effort"],"plain_english_summary":"This instrument sets the fees the ACMA charges for broadcasting-related services under the Broadcasting Services Act. It lists fixed fees for specified licence applications, an hourly rate of $239, and a $4,500 deposit for international broadcasting licence applications.\n\nApplicants pay on application or by ACMA invoice; ACMA deducts incurred hourly charges from deposits and refunds or invoices the balance (see ss 9, 10, 11). The determination does not change ACMA’s statutory powers—it only fixes who pays, how much, and when."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of setting charges for ACMA's broadcasting-related functions. It covers licence applications, renewals, and opinions as originally intended under the empowering provision (subsection 60(1) of the ACMA Act)."},"complexity_factors":["Short, focused instrument with only 11 substantive sections plus a schedule","Minimal defined terms (only 2 explicit definitions in section 5, plus incorporated definitions from the Broadcasting Services Act)","Simple tabular structure in Schedule 1 with clear fee amounts","Limited conditional logic – only section 11 contains nested conditions for the international broadcasting deposit/refund mechanism","Cross-references to external legislation (Broadcasting Services Act 1992, ACMA Act 2005) but these are standard incorporation by reference","No exceptions to exceptions or deeply nested subsections"],"plain_english_summary":"This instrument fixes the fees ACMA charges to process broadcasting-related applications and services — including TV, radio, subscription TV, datacasting and international broadcasting — and sets an hourly rate of $239 for complex work or formal opinions. It tells applicants when fees are payable (some upfront, others on invoice). It affects commercial and subscription broadcasters, international broadcasters (who pay a $4,500 deposit then are billed/refunded as work is done), and anyone seeking ACMA’s formal opinions."}},"importantCases":[],"_links":{"self":"/api/acts/broadcasting-charges-determination-2017","history":"/api/acts/broadcasting-charges-determination-2017/history","analysis":"/api/acts/broadcasting-charges-determination-2017/analysis","conflicts":"/api/acts/broadcasting-charges-determination-2017/conflicts","importantCases":"/api/acts/broadcasting-charges-determination-2017/important-cases","documents":"/api/acts/broadcasting-charges-determination-2017/documents"}}