Radiocommunications Licence Fees Regulations (Cth)

Statutory Rules 1982 No. 2691

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Radiocommunications Licence Fees Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and in pursuance of section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Radiocommunications Licence Fees Act 1982.

Dated 13 October 1982.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

N. A. BROWN

Minister of State for Communications

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Citation

1. These Regulations may be cited as the Radiocommunications Licence Fees Regulations.

Interpretation

2.(1) In these Regulations “the Act” means the Radiocommunications Licence Fees Act 1982.

(2) Unless the contrary intention appears, a reference in these Regulations to a station of a particular kind or to a class of licences of a particular kind is a reference to a station of that kind or to a class of licences of that kind, respectively, within the meaning of the Wireless Telegraphy Regulations.

Licence fees

3. (1) Subject to these Regulations, the fee payable under section 6 of the Act in respect of the grant or renewal of a licence included in a class of licences specified in Column 2 of an item in the Schedule shall be ascertained by reference to the period in respect of which the licence is granted or renewed at the rate specified in Column 3 of that item.

   

(2) Where—

(a) a licence is granted or renewed for a period of less than 1 year; and

(b) the fee payable would, but for this sub-regulation, be less than $15,

then—

(c) in the case of a licence in respect of which a fee is payable at a rate per year in excess of $15—a fee of $15 is payable; and

(d) in any other case—a fee is payable of an amount equal to the amount that would be payable if the licence were for a period of 1 year.

(3) A fee ascertained in accordance with sub-regulation (4) is payable in respect of the grant or renewal of a licence for an exterior paging station.

(4) The fee referred to in sub-regulation (3) is an amount equal to the aggregate of—

(a) an amount calculated at the rate of $56 per annum in respect of the period of the licence; and

(b) an amount calculated at the rate of $12 per annum in respect of the period of the licence in respect of each paging receiver used in connection with that station.

(5) Persons who, but for this sub-regulation, would be liable to pay fees under section 6 of the Act in respect of the grant or renewal of licences included in a category of licences to which this sub-regulation applies are exempt from the payment of those fees.

(6) The categories of licences to which sub-regulation (5) applies are licences that authorize the station or stations in respect of which they are granted or renewed to be operated—

(a) solely in connection with the direction of operations relating to the preservation of human life;

(b) solely in connection with the direction of rural fire-fighting operations; or

(c) solely in connection with the direction of the operations of an ambulance service.

(7) Notwithstanding sub-regulation (1), where—

(a) an application in respect of a licence is made by a person who is a member of an organization formed for purposes other than business purposes;

(b) the application is in respect of a licence in respect of a private station that is to be operated in connection with the activities of the organization;

(c) the application is lodged by the organization, together with not less than 24 other applications, each of which—

(i) is of the kind referred to in paragraphs (a) and (b); and

 

(ii) is in respect of the grant or renewal of a licence in respect of a period that commences on the same day; and

(d) the application, together with the fee payable in respect of the grant or renewal, as the case requires, is lodged before the commencement of that period,

the fee payable in respect of the grant or renewal of the licence is the fee that would, but for this sub-regulation, be payable in respect of the licence less an amount equal to 10 per cent of that fee.

Fees in respect of certain stations used in operation of commercial television stations

4. (1) In this regulation, unless the contrary intention appears—

“commercial television station” has the same meaning as in the Broadcasting and Television Act 1942;

“licensee”, in relation to a commercial television station, means a person who under the Broadcasting and Television Act 1942 is, or is deemed to be, the licensee of a commercial television station and includes a reference to a person who is, under section 89a of that Act, admitted to participate in any of the benefits of the licence held by the licensee or to exercise any of the powers or authorities granted by that licence;

“relevant licence” means a licence included in a class of licences specified in Column 2 of Item 21 or Column 2 of Items 25 to 32 (inclusive) of the Schedule that is granted or renewed during the prescribed period for a period not exceeding 12 months in duration;

“the prescribed period” means the period of 12 months commencing on 1 July 1981.

(2) Notwithstanding regulation 3 and subject to sub-regulation (6), the fee payable under section 6 of the Act by persons included in the class of persons to whom this sub-regulation applies in respect of the grant during the prescribed period or renewal during the period of 3 years commencing on 1 July 1981 of a relevant licence in respect of a station used by such a person in the operation of the commercial television station of which he is the licensee shall be calculated—

(a) for the grant or renewal, for a period not exceeding 12 months in duration, of such a licence during the prescribed period—at the rate of one quarter of the rate at which the fee would be payable under regulation 3;

(b) for the renewal, for a period not exceeding 12 months in duration, of such a licence during the period of 12 months commencing on 1 July 1982—at the rate of one half of the rate at which the fee would be payable under regulation 3; and

(c) for the renewal, for a period not exceeding 12 months in duration, of such a licence during the period of 12 months commencing on 1 July 1983—at the rate of three quarters of the rate at which the fee would be payable under regulation 3.

 

(3) Sub-regulation (2) applies to the following class of persons, namely, persons each of whom is the licensee of a commercial television station—

(a) in relation to the operation of which there is used one or more of the stations referred to in Column 2 of Item 21 of the Schedule and one or more of the stations referred to in Column 2 of Items 25 to 32 (inclusive) of the Schedule; and

(b) in respect of which, on the grant or renewal during the prescribed period of a licence under the Broadcasting and Television Act 1942, the total amount paid under the Television Stations Licences Fees Act 1964 was less than $25,000.

(4) Notwithstanding regulation 3 and subject to sub-regulation (6), the fee payable under section 6 of the Act by persons included in the class of persons to whom this sub-regulation applies in respect of the grant during the prescribed period or renewal during the period of 3 years commencing on 1 July 1981 of a relevant licence in respect of a station used by such a person in the operation of the commercial television station of which he is the licensee shall be calculated—

(a) for the grant or renewal, for a period not exceeding 12 months in duration, of such a licence during the prescribed period—in accordance with the formula—

where—

A is an amount in dollars equal to the aggregate of the amounts that, but for this regulation, would be payable in respect of all relevant licences granted or renewed during the prescribed period in respect of stations used by the person in the operation of that commercial television station;

B is an amount in dollars equal to the fee in respect of that licence calculated at the rate specified in the Schedule in respect of the class of licences in which that licence is included;

(b) for the renewal, for a period not exceeding 12 months in duration, of such a licence during the period of 12 months commencing on 1 July 1982—

(i) where the aggregate of all relevant licence fees previously paid during that period of 12 months in respect of stations used by the person in the operation of that commercial television station together with the fee in respect of that licence, calculated at the rate specified in the Schedule in respect of the class of licences in which that licence is included, does not exceed $10,000—at that rate;

(ii) where the aggregate of all relevant licence fees previously paid during that period of 12 months in respect of stations used by the person in the operation of that commercial television station is not less than $10,000—at the rate of one third of the rate at which the fee would be payable under regulation 3; and

 

(iii) where the aggregate of all relevant licence fees previously paid during that period of 12 months in respect of stations used by the person in the operation of that commercial television station is less than $10,000 and the sum of that aggregate and the fee in respect of that licence calculated at the rate specified in the Schedule in respect of the class of licences in which that licence is included is greater than $10,000—at a rate per year in accordance with the formula—

where—

Bis an amount in dollars equal to the fee in respect of that licence calculated at the rate specified in the Schedule in respect of the class of licences in which that licence is included;

C is an amount in dollars equal to the aggregate of all relevant licence fees previously paid during that period of 12 months in respect of stations used by the person in the operation of that commercial television station; and

(c) for the renewal, for a period not exceeding 12 months in duration, of such a licence during the period of 12 months commencing on 1 July 1983—

(i) where the aggregate of all relevant licence fees previously paid during that period of 12 months in respect of stations used by the person in the operation of that commercial television station together with the fee in respect of that licence, calculated at the rate specified in the Schedule in respect of the class of licences in which that licence is included, does not exceed $10,000—at that rate;

(ii) where the aggregate of all relevant licence fees previously paid during that period of 12 months in respect of stations used by the person in the operation of that commercial television station is not less than $10,000—at the rate of two thirds of the rate at which the fee would be payable under regulation 3; and

(iii) where the aggregate of all relevant licence fees previously paid during that period of 12 months in respect of stations used by the person in the operation of that commercial television station is less than $10,000 and the sum of that aggregate and the fee in respect of that licence calculated at the rate specified in the Schedule in respect of the class of licences in which that licence is included is greater than $10,000—at a rate per year in accordance with the formula—

where—

Bis an amount in dollars equal to the fee in respect of that licence calculated at the rate specified in the Schedule in respect of the class of licences in which that licence is included;

 

C is an amount in dollars equal to the aggregate of all relevant licence fees previously paid during that period of 12 months in respect of stations used by the person in the operation of that commercial television station.

(5) Sub-regulation (4) applies to the following class of persons, namely, persons each of whom is the licensee of a commercial television station—

(a) in relation to the operation of which there is used one or more of the stations referred to in Column 2 of Item 21 of the Schedule and one or more of the stations referred to in Column 2 of Items 25 to 32 (inclusive) of the Schedule; and

(b) in respect of which, during the prescribed period, the aggregate of the amounts payable, but for this regulation, in respect of all relevant licences in respect of stations used by the licensee of that commercial television station in the operation of that commercial television station would exceed $10,000.

(6) Where, but for this sub-regulation, sub-regulation (2) and (4) would apply in respect of the grant or renewal of a relevant licence, the fee payable by a person in respect of the grant or renewal of that licence is the lower of the fees calculated by reference to those sub-regulations.

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SCHEDULE Regulation 3

RATES OF FEES

Column 1	Column 2	Column 3
Item	Class of licences	Rate per year of fee
$
1	Aeronautical station, private...............................................................	30
2	Aeronautical station, not included in item 1.......................................	60
3	Aircraft station, private.......................................................................	23
4	Aircraft station, not included in item 3, installed on an aircraft— (a) having 38 or more passenger seats; or (b) having a maximum take-off weight of 19 tonnes or more.....	90
5	Aircraft station, not otherwise referred to..........................................	36
6	Amateur station...................................................................................	17
7	Base station, private............................................................................	30
8	Base station, not included in item 7...................................................	56
9	Citizen band radio station, private......................................................	22.
10	Citizen band radio station, not included in item 9..............................	44
11	Coast station........................................................................................	10,000
12	Disaster station....................................................................................	22
13	Earth station, private...........................................................................	30
14	Earth station, Class A, not included in item 13..................................	200
15	Earth station. Class B, not included in item 13..................................	1,000
16	Earth station. Class C, not included in item 13..................................	5,000
17	Earth station, Class D, not included in item 13..................................	10,000
18	Earth station, Class E, not included in item 13..................................	47,000
19	Experimental station...........................................................................	33
20	Fixed outpost station...........................................................................	3
21	Fixed receiving station........................................................................	12
22	Fixed station, Class A, private............................................................	36

 

SCHEDULE 1— continued

Column 1	Column 2	Column 3
Item	Class of licences	Rate per year of fee
$
23	Fixed station. Class A, not included in item 22.............................	150
24	Fixed station. Class B, private........................................................	36
25	Fixed station. Class B, not included in item 24, capable of carrying not more than 24 voice channels	200
26	Fixed station. Class B, not included in item 24, capable of carrying more than 24 but not more than 60 voice channels	300
27	Fixed station, Class B, not included in item 24, capable of carrying more than 60 but not more than 300 voice channels	500
28	Fixed station. Class B, not included in item 24. capable of carrying more than 300 but not more than 960 voice channels	1,000
29	Fixed station. Class B, not included in item 24, capable of carrying more than 960 but not more than 1,800 voice channels	1.700
30	Fixed station. Class B, not included in item 24, capable of carrying more than 1,800 but not more than 2,700 voice channels	2,500
31	Fixed station. Class B, not included in item 24. capable of carrying more than 2,700 but not more than 10,000 voice channels	5,200
32	Fixed station. Class B, not included in item 24, capable of carrying more than 10,000 voice channels	10,000
33	Handphone station, private.............................................................	22
34	Handphone station, not included in item 33..................................	27
35	Harbour mobile station, private......................................................	15
36	Harbour mobile station, not included in item 35...........................	36
37	Interior paging station.....................................................................	60
38	Land mobile station, private...........................................................	22
39	Land mobile station, not included in item 38................................	36
40	Land mobile paging receiver station, not forming part of an exterior paging service	12
41	Limited coast station, private..........................................................	25
42	Limited coast station, not included in item 41..............................	56
43	Marine rescue station.......................................................................	3
44	Mobile outpost station.....................................................................	3
45	Novice amateur station....................................................................	14
46	Radiodetermination station.............................................................	72
47	Radio-linked microphone service...................................................	20
48	Ship station, private.........................................................................	20
49	Ship station, installed on a ship equipped in accordance with the Navigation (Radio) Regulations, not included in item 48	150
50	Ship station, not otherwise referred to...........................................	32

NOTE

1. Notified in the Commonwealth of Australia Gazette