Radiocommunications (Receiver Licence Tax) Amendment Determination 2015 (No. 1) (Cth)

Case

Radiocommunications (Receiver Licence Tax) Amendment Determination 2015 (No. 1)

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:  17 December 2015

Chris Chapman
[signed]
Member

Richard Bean
[signed]
Member/General Manager

Australian Communications and Media Authority

  1. Name of Determination

This Determination is the Radiocommunications (Receiver Licence Tax) Amendment Determination 2015 (No. 1).

  1. Commencement

This Determination commences on the day after it is registered.

Note:       All legislative instruments must be registered on the Federal Register of Legislative Instruments required to be maintained under the Legislative Instruments Act 2003. See: Amendment

Schedule 1 amends the Radiocommunications (Receiver Licence Tax) Determination 2015 [F2015L00321].

Schedule 1             Amendments to the Radiocommunications (Receiver Licence Tax) Determination 2015

(section 3)

[1]       Section 3, definition of minimum annual amount

omit

$38.60

insert

$39.18

[2]       Section 3, after the definition of non-geostationary orbit satellite system

   insert

receiver licence tax means the tax imposed under the Act.

[3]       Part 3

substitute

Part 3    Transitional arrangements relating to the Radiocommunications (Receiver Licence Tax) Amendment Determination 2015 (No. 1)

7     Definitions for Part 3

In this Part:

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

Amendment Determination means the Radiocommunications (Receiver Licence Tax) Amendment Determination 2015 (No. 1).

pre-amendment Determination means this Determination as in force immediately before the amendment day.

8     Transitional arrangements after commencement of Amendment Determination

(1)   Despite Part 2 of this Determination, if:

(a)     receiver 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 before 5 April 2016;

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

Note 1:    If a licence is issued before the amendment day, the pre-amendment Determination is used to work out the amount of receiver licence tax, whether or not the licence comes into force before 5 April 2016.

Note 2:    If a licence is issued after the amendment day, and comes into force on or after 5 April 2016, this Determination as amended by the Amendment Determination is used to work out the amount of receiver licence tax.

(2)   Despite Part 2 of this Determination, if:

(a)     receiver 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 2016;

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

Note 1:    If the anniversary of the day on which the licence came into force is before the amendment day, the pre-amendment Determination is used to work out the amount of receiver licence tax.

Note 2:    If the anniversary of the day on which the licence came into force is on or after 5 April 2016, this Determination as amended by the Amendment Determination is used to work out the amount of receiver licence tax.

(3)   Despite Part 2 of this Determination, if:

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

(b)     the day on which the tax is payable is on or after the amendment day but before 5 April 2016;

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

Note 1:    If tax is imposed on the holding of a licence on a particular day, and that day is before the amendment day, the pre-amendment Determination is used to work out the amount of receiver licence tax.

Note 2:    If tax is imposed on the holding of a licence on a particular day, and that day is on or after 5 April 2016, this Determination as amended by the Amendment Determination is used to work out the amount of receiver licence tax.

Note 3:    Subsections 6(5) and (6) of the Act impose tax on the holding of a licence.

[4]       Schedule 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

1.1528

1.1528

1.1528

1.1528

1.1528

>30–70

2.6040

1.0171

0.5410

0.1168

0.0582

>70–399.9

2.6716

1.0964

0.5017

0.1125

0.0561

>399.9–403

2.6716

1.4961

0.6845

0.1168

0.0582

>403–520

2.6716

1.9801

0.6845

0.1168

0

>520–960

2.6716

1.4961

0.6845

0.1168

0.0582

>960–2 690

2.6676

0.5987

0.2768

0.1392

0.0695

GHz

>2.69–5.0

2.6647

0.4951

0.2006

0.1662

0.0831

>5.0–8.5

2.2498

0.4160

0.1937

0.0882

0.0427

>8.5–14.5

0.9914

0.3569

0.0844

0.0061

0.0029

>14.5–31.3

0.9914

0.2640

0.0580

0.0061

0.0029

>31.3–51.4

0.2704

0.1440

0.0313

0.0011

0.0005

>51.4

0.0267

0.0027

0.0027

0.0003

0.0003

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

[5]       Schedule 2, sub-item 203(1)

omit

$275

insert

$279

[6]       Schedule 2, 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

21.3086

21.3086

21.3086

21.3086

14.2182

>30–70

48.1333

18.8000

10.0000

2.1580

0.7183

>70–399.9

49.3827

20.2667

9.2741

2.0790

0.6920

>399.9–403

49.3827

27.6543

12.6518

2.1580

0.7183

>403–520

49.3827

36.5995

12.6518

2.1580

0

>520–960

49.3827

27.6543

12.6518

2.1580

0.7183

>960–2 690

1.1656

0.2616

0.12090

0.0608

0.0304

GHz

>2.69–5.0

1.1643

0.2163

0.0877

0.0726

0.0363

>5.0–8.5

0.9830

0.1818

0.0846

0.0385

0.0187

>8.5–14.5

0.4332

0.1560

0.0369

0.0027

0.0013

>14.5–31.3

0.4332

0.1153

0.0253

0.0027

0.0013

>31.3–51.4

0.1181

0.0629

0.0137

0.0005

0.0002

>51.4

0.0117

0.0012

0.0012

0.0001

0.0001

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

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