Radiocommunications (Transfer of Apparatus Licences) Determination 2000 (Cth)

Radiocommunications (Transfer of Apparatus Licences) Determination 2000

The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Determination under subsection 131AC (1) of the Radiocommunications Act 1992.

Dated  22 December  2000

A.J SHAW  Chair

G.W LUTHER  Senior Executive Manager

Radiocommunications

Australian Communications Authority

1. Name of Determination

This Determination is the Radiocommunications (Transfer of Apparatus Licences) Determination 2000.

1. Commencement

This Determination commences on gazettal.

1. Revocation

The following Determinations are revoked:

·Radiocommunications (Transfer of Licences) Determination No. 1 of 1995¹

·Radiocommunications (Transfer of Licences) Amendment Determination No. 1 of 1999 (Amendment No. 1)².

1. Definitions

In this Determination:

ABC means the Australian Broadcasting Corporation established under subsection 5 (1) of the Australian Broadcasting Corporation Act 1983.

Act means the Radiocommunications Act 1992.

eligible person has the same meaning as in the Radiocommunications (Transmitter Licence Tax) Determination 2000.

exempt broadcasting service has the meaning given by subsection 18A (3) of the Broadcasting Services Act 1992.

exempt person means a person who is exempt, under regulation 5 of the Radiocommunications Taxes Collection Regulations, from the payment of tax in respect of apparatus licences.

international broadcasting licence has the meaning given by subsection 6 (1) of the Broadcasting Services Act 1992.

international broadcasting service has the meaning given by subsection 6 (1) of the Broadcasting Services Act 1992.

SBS means the Special Broadcasting Service Corporation established under subsection 5 (1) of the Special Broadcasting Service Act 1991.

1. Circumstances in which apparatus licences not transferable

(1)For paragraph 131AC (1) (b) of the Act, an apparatus licence is not transferable under Division 8 of Part 3.3 of the Act if:

(a)the licensee is an exempt person; and

(b)the proposed transferee is not an exempt person.

(2)For paragraph 131AC (1) (b) of the Act, an apparatus licence is not transferable under Division 8 of Part 3.3 of the Act if:

(a)the licensee is an eligible person; and

(b)the proposed transferee is neither an exempt person nor an eligible person.

(3)For paragraph 131AC (1) (b) of the Act, an apparatus licence that authorises the operation of a radiocommunications device for the provision of an international broadcasting service is not transferable under Division 8 of Part 3.3 of the Act unless there is in force an international broadcasting licence that authorises the provision of that service.

(4)For paragraph 131AC (1) (b) of the Act, an apparatus licence that authorises the ABC or the SBS to operate a radiocommunications device to provide a broadcasting service to locations outside Australia is not transferable under Division 8 of Part 3.3 of the Act if:

(a)the proposed transferee intends to operate a radiocommunications device under the licence to provide an international broadcasting service; or

(b)the proposed transferee intends to operate a radiocommunications device under the licence to provide a broadcasting service within Australia.

(5)For paragraph 131AC (1) (b) of the Act, an apparatus licence is not transferable under Division 8 of Part 3.3 of the Act if:

(a)the licence authorises the licensee to operate a radiocommunications device that is used in an exempt broadcasting service; and

(b)the proposed transferee is not eligible for exemption under subsection 18A (3) of the Broadcasting Services Act 1992.

Notes

1. Notified in the Commonwealth of Australia Gazette on 30 June 1995.

1. Notified in the Commonwealth of Australia Gazette on 10 November 1999.