Part 2Charges relating to functions under the Broadcasting Services Act

Part 2 Charges relating to functions under the Broadcasting Services Act

7 Application

(1) Under subsection 60(1) of the ACMA Act, the ACMA may make determinations fixing charges for:

services provided by the ACMA; and 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).

(2) Certain provisions of the Broadcasting Services Act provide for the ACMA to receive and process applications to:

allocate or renew licences; or give opinions.

(3) This determination:

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 specifies the persons by whom, and the times when, those charges are payable.

8 Charge

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. 9 By whom and when is the charge payable The charges are payable by the applicant:

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; 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 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.

10 Hourly rates of charge

In this determination, the hourly rate of charge for each person providing a service or matter to which the rate applies is:

for each completed hour - $239; and for a part of an hour – the proportion of $239 equal to the proportion of an hour for which charge is to be made.

11 Special rules – charges for considering and processing an application under section 121FA of the Broadcasting Services Act

(1) This section applies if a deposit is paid under item 1 of Part 3 of Schedule 1 (the deposit). (2) If:

1 or more amounts are payable under item 2 of Part 3 of Schedule 1; and the aggregate of those amounts is less than the deposit,

the amounts referred to in paragraph (a) will be deducted from the deposit, and the ACMA must refund the difference to the applicant.

(3) If: (a) 1 or more amounts are payable under item 2 of Part 3 of Schedule 1; and (b) the aggregate of those amounts is greater than the deposit, the applicant must pay the difference of the charge under paragraph 9(c).