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Schedule 2—Broadcasting licensee support payments

Schedule 2 Broadcasting licensee support payments

Part 1 Amendments

Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017

1  Item 40 of Schedule 6 (table item 3, column headed “Amount ($)”)

Omit “632,000”, substitute “819,000”.

Part 2 Application and transitional provisions

2  Definitions

In this Part:

broadcasting service has the same meaning as in the Broadcasting Services Act 1992 .

commencement financial year means the financial year during which this Schedule commences.

commercial television broadcasting licence has the same meaning as in the Broadcasting Services Act 1992 .

eligible financial year has the meaning given by item 38 of Schedule 6 to the Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017 .

Secretary means the Secretary of the Department.

3  Application provision

The amendment made by item 1 of this Schedule applies in relation to each eligible financial year that begins after the commencement of that item.

4  Supplementary transitional support payment

(1)       There is payable by the Commonwealth to Network Investments Pty Ltd (the company ) an amount worked out by multiplying $187,000 by the number of eligible financial years that began before the commencement of this Schedule.

(2)       The payment is subject to the condition that, if the company ceases to be the holder of a commercial television broadcasting licence at a time (the cessation time ) during the commencement financial year, the company will repay to the Commonwealth the amount worked out using the formula:

where:

days in commencement financial year means the number of days in the commencement financial year.

days in non-licence period means the number of days in the period:

                     (a)  beginning at the start of the day after the cessation time; and

                     (b)  ending at the end of the commencement financial year.

(3)       The payment is subject to the condition that the company will:

                     (a)  spend the amount of the payment (reduced by any amount payable by the company under subitem (2)) in connection with the provision by the company of broadcasting services authorised by the commercial television broadcasting licence held by the company; and

                     (b)  do so before the end of the financial year following the commencement financial year.

(4)       The payment is subject to the condition that the company will:

                     (a)  give the Secretary a written statement declaring that the company has complied with the condition set out in subitem (3); and

                     (b)  do so no later than 28 days after the end of the financial year following the commencement financial year.

(5)       The payment is subject to the condition that, if the company does not fulfil a condition to which the payment is subject under subitem (3) or (4), the company will, if the Secretary so determines, repay to the Commonwealth the amount specified in the determination.

(6)       The amount specified in the determination under subitem (5) must not be more than the amount of the payment (reduced by any amount payable by the company under subitem (2)).

(7)       A determination made under subitem (5) is not a legislative instrument.

(8)       An amount payable by the company to the Commonwealth under this item:

                     (a)  is a debt due to the Commonwealth; and

                     (b)  may be recovered by the Secretary, on behalf of the Commonwealth, in:

                              (i)  the Federal Court of Australia; or

                             (ii)  the Federal Circuit Court of Australia; or

                            (iii)  a court of a State or Territory that has jurisdiction in relation to the matter.

 5  Delegation by the Secretary

(1)       The Secretary may, by writing, delegate any or all of the Secretary’s powers under this Part to an SES employee, or acting SES employee, in the Department.

Note:       The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 .

(2)       In exercising powers under a delegation under subitem (1), the delegate must comply with any directions of the Secretary.