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Radio Licence Fees Amendment Bill 2004



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Parliament of Australia

Department of Parliamentary Services

Parliamentary Library BILLS DIGEST

Information, analysis and advice for the Parliament

15 December 2004, no. 85 , 2004-05, ISSN 1328-8091

Radio Licence Fees Amendment Bill 2004

Patrick O'Neill Law and Bills Digest Section

Contents

Background ................................................................................................................................ 2

www.aph.gov.au/library

2 Radio Licence Fees Amendment Bill 2004

Radio Licence Fees Amendment Bill 2004

Date Introduced: 2 December 2004

House: House of Representatives

Portfolio: Communications, Information Technology and the Arts

Commencement: At the same time as the proposed Australian Communications and Media Authority is established.

Background

This Bill is one of a package of ten bills that merge the Australian Broadcasting Authority and the Australian Communications Authority into the proposed Australian Communications and Media Authority.

Section 55 of the Constitution provides that:

Laws imposing taxation shall deal only with the imposition of taxation, and any provision therein dealing with any other matter shall be of no effect.

Laws imposing taxation, except laws imposing duties of customs or of excise, shall deal with one subject of taxation only; but laws imposing duties of customs shall deal with duties of customs only, and laws imposing duties of excise shall deal with duties of excise only.

As a fee may be regarded as a tax, this Bill, which amends the Radio Licence Fees Act 1964 to replace references to the Australian Broadcasting Authority with references to the Australian Communications and Media Authority, and provides for the continuing effect of certain directions made by the Australian Broadcasting Authority, is required to be separate from the Australian Communications and Media Authority Bill 2004.

For further background on this Bill, please refer to Bills Digest 2004-05 No. 78, on the Australian Communications and Media Authority Bill 2004.

Warning:

This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments.

This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.

Radio Licence Fees Amendment Bill 2004 1

 Copyright Commonwealth of Australia 2004

Except to the extent of the uses permitted under the Copyright Act 1968, no part of this publication may be reproduced or transmitted in any form or by any means including information storage and retrieval systems, without the prior written consent of the Department of Parliamentary Services, other than by senators and members of the Australian Parliament in the course of their official duties.

This paper has been prepared to support the work of the Australian Parliament using information available at the time of production. The views expressed do not reflect an official position of the Information and Research Service, nor do they constitute professional legal opinion.

Members, Senators and Parliamentary staff can obtain further information from the Information and Research Services on (02) 6277 2522.

Warning:

This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments.

This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.