Radiocommunications (Receiver Licence Tax) Amendment Determination 2012 (No. 3) (Cth)

Radiocommunications (Receiver Licence Tax) Amendment Determination 2012 (No. 3)

Radiocommunications (Receiver Licence Tax) Act 1983

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Determination under subsection 7 (1) of the Radiocommunications (Receiver Licence Tax) Act 1983.

Dated   21 December 2012

Richard Bean

[signed]
Member

Giles Tanner

[signed]
Member/General Manager

Australian Communications and Media Authority

1. Name of Determination

This Determination is the Radiocommunications (Receiver Licence Tax) Amendment Determination 2012 (No. 3).

1. Commencement

This Determination commences on the day after it is registered.

Note  All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See type="1">

Amendment of Radiocommunications (Receiver Licence Tax) Determination 2003 (No. 2)

Schedule 1 amends the Radiocommunications (Receiver Licence Tax) Determination 2003 (No. 2).

Schedule 1                  Amendments

(section 3)

[1]          Part 4

substitute

Part 4  Transitional arrangements relating to Radiocommunications (Receiver Licence Tax) Amendment Determination 2012 (No. 3)

4.1           Definitions for Part 4

In this Part:

amendment day means the day on which the Amendment Determination commenced.

Note   The Amendment Determination commenced on the day after it was registered on the Federal Register of Legislative Instruments.

Amendment Determination means the Radiocommunications (Receiver Licence Tax) Amendment Determination 2012 (No. 3).

pre‑amendment Determination means this Determination as in force immediately before the commencement of the Amendment Determination.

4.2           Transitional arrangements after commencement of Amendment Determination

(1)   In spite of the amendments made by the Amendment Determination, if:

(a)    apparatus licence tax is imposed on the issue of a receiver licence; and

(b)    the licence is issued on or after the amendment day; and

(c)    the licence comes into force on or after 5 April 2012 and before 5 April 2013;

use the pre‑amendment Determination to work out the amount of the receiver licence tax.

(2)   In spite of the amendments made by the Amendment Determination, if:

(a)    apparatus licence tax is imposed on the anniversary of the day on which a receiver licence came into force; and

(b)    the anniversary of the day on which the licence came into force is on or after the amendment day but before 5 April 2013;

use the pre‑amendment Determination to work out the amount of the receiver licence tax.

(3)   In spite of the amendments made by the Amendment Determination, if:

(a)    apparatus licence tax is imposed on the holding of a receiver licence; and

(b)    the day when the tax is payable is on or after the amendment day but before 5 April 2013;

use the pre‑amendment Determination to work out the amount of the receiver licence tax.

(4)   If:

(a)    apparatus licence tax is imposed on the issue of a receiver licence; and

(b)    the licence is issued on or after the amendment day; and

(c)    the licence comes into force on or after 5 April 2013;

use this Determination, as amended by the Amendment Determination, to work out the amount of the receiver licence tax.

(5)   If:

(a)    apparatus licence tax is imposed on the anniversary of the day on which a receiver licence came into force; and

(b)    the anniversary of the day on which the licence came into force is on or after 5 April 2013;

use this Determination, as amended by the Amendment Determination, to work out the amount of the receiver licence tax.

(6)   If:

(a)    apparatus licence tax is imposed on the holding of a receiver licence; and

(b)    the day when the tax is payable is on or after 5 April 2013;

use this Determination, as amended by the Amendment Determination, to work out the amount of the receiver licence tax.

[2]           Schedule 2, Part 2, table 202, including the note

substitute

Table 202

Frequency range	Amount ($)
	Area density
	Australia wide	High density	Medium density	Low density	Remote density
MHz
0–30	1.0769	1.0769	1.0769	1.0769	1.0769
>30–70	2.4325	0.9500	0.5054	0.1090	0.0545
>70–399.9	2.4956	1.0242	0.4687	0.1050	0.0524
>399.9–403	2.4956	1.3976	0.6394	0.1090	0.0545
>403–520	2.4956	1.6082	0.6394	0.1090	0.0545
>520–960	2.4956	1.3976	0.6394	0.1090	0.0545
>960–2 690	2.4919	0.5592	0.2586	0.1300	0.0649
GHz
>2.69–5.0	2.4892	0.4625	0.1874	0.1552	0.0776
>5.0–8.5	2.1016	0.3884	0.1809	0.0824	0.0399
>8.5–14.5	0.9261	0.3334	0.0789	0.0058	0.0027
>14.5–31.3	0.9261	0.2466	0.0542	0.0058	0.0027
>31.3–51.4	0.2525	0.1345	0.0291	0.0010	0.0004
>51.4	0.0250	0.0025	0.0025	0.0002	0.0002

Note   Schedule 1 sets out the area density types of spectrum accesses.

[3]           Schedule 2, Part 3, table 302, including the note

substitute

Table 302

Frequency range	Amount ($)
	Area density
	Australia wide	High density	Medium density	Low density		Remote density
MHz
0–30	19.9045	19.9045	19.9045	19.9045		14.2182
>30–70	44.9616	17.5611	9.3411	2.0158		0.7183
>70–399.9	46.1287	18.9312	8.6630	1.9420		0.6920
>399.9–403	46.1287	25.8321	11.8181	2.0158		0.7183
>403–520	46.1287	29.7247	11.8181	2.0158		0.7183
>520–960	46.1287	25.8321	11.8181	2.0158		0.7183
>960–2 690	1.0888	0.2443	0.1129	0.0567		0.0283
GHz
>2.69–5.0	1.0876	0.2020	0.0819	0.0677	0.0340
>5.0–8.5	0.9182	0.1697	0.0790	0.0358	0.0174
>8.5–14.5	0.4047	0.1456	0.0344	0.0025	0.0011
>14.5–31.3	0.4047	0.1077	0.0237	0.0025	0.0011
>31.3–51.4	0.1104	0.0588	0.0128	0.0004	0.0002
>51.4	0.0109	0.0010	0.0010	0.0001	0.0001

Note   Schedule 1 sets out the area density types of spectrum accesses.

[4]          Further amendments

Provision	omit each mention of	insert
Schedule 2, subitem 203 (1)	$258	$261
Schedule 2, items 204 and 303	$36.17, the amount of tax is taken to be $36.17.	$36.60, the amount of tax is taken to be $36.60.
Schedule 3, step 3 of tables 103, 104 and 105	$36.17, increase the amount to $36.17.	$36.60, increase the amount to $36.60.