Untitled document
Radiocommunications (Spectrum Licence Tax) Determination 2014
made under subsections 4(1) and 7(1) of the
Radiocommunications (Spectrum Licence Tax) Act 1997.
Compilation No. 2
Compilation date: 28 July 2018
Includes amendments up to: Radiocommunications (Spectrum Licence Tax) Amendment Determination 2018 (No. 2) [F2018L01066]
Prepared by the Australian Communications and Media Authority, Melbourne
About this compilation
This compilation
This is a compilation of the Radiocommunications (Spectrum Licence Tax) Determination 2014 that shows the text of the law as amended and in force on 28 July 2018 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Federal Register of Legislation ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Federal Register of Legislation for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Federal Register of Legislation for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Name of Determination
This Determination is the Radiocommunications (Spectrum Licence Tax) Determination 2014.
Initial holding date
(1) For a spectrum licence in force on 11 October 2014, that day is the initial holding date for the licence.
(2) For a spectrum licence that comes into force on 11 October in a year after 2014, that day is the initial holding date for the licence.
(3) For any other spectrum licence, the initial holding date for the licence is the first 11 October that happens after the licence comes into force.
Working out spectrum licence tax
(1) Subject to subsection (3), the amount of tax on a spectrum licence is worked out using Schedule 1.
(3) If a spectrum licence authorises the use of spectrum in either of the following frequency ranges:
(a) 2570 – 2585 MHz;
(b) 2605 – 2620 MHz;
the amount of spectrum licence tax determined for that licence in accordance with Schedule 1 is to be reduced by one third.
Schedule 1 Working out spectrum licence tax
(section 5)
Part 1 Base amounts
The base amount for the frequency range mentioned in an item in Table 1 is the base amount specified in the item in relation to the frequency range.
Table 1
Item
Column 1
Frequency range
Column 2
Total specified spectrum
Column 3
Base amount ($)
1 703–748 MHz and 758–803 MHz 90 MHz 49,938 2 825–845 MHz and 870–890 MHz 40 MHz 22,195 3 1710–1755 MHz and 1805–1850 MHz 90 MHz 49,864 4 1755–1785 MHz and 1850–1880 MHz 60 MHz 33,243 5 1920–1980 MHz and 2110–2170 MHz 120 MHz 66,485 6 2302–2400 MHz 98 MHz 54,296 7 2500–2570 MHz and 2620–2690 MHz 140 MHz 77,566 8 2570–2620 MHz 50 MHz 27,702 9 3425–3492.5 MHz and 3542.5–3575 MHz 100 MHz 55,344 10 3575–3700 MHS 125 MHz 69,180
Note: Each frequency range in column 1 comprises either or both:
(a) a part of the spectrum designated to be allocated by issuing spectrum licences, in a written notice given to the ACMA under subsection 36(1) of the Radiocommunications Act 1992;
(b) a part of the spectrum declared to be subject to re-allocation by issuing spectrum licences, under subsection 153B(1) of the Radiocommunications Act 1992;
regardless of whether the written notice or declaration is still in force.
Part 2 Method statement
Step 1AStep 1A is to be used when working out spectrum licence tax for the initial holding date for the licence, and for each anniversary of the initial holding date except the last anniversary.
For each relevant frequency range in relation to a licence, take the base amount for that frequency range and multiply it by:
Step 1B Step 1B is to be used only when working out spectrum licence tax for the last anniversary of the initial holding date for the licence.
For each relevant frequency range in relation to the licence, take the base amount for that frequency range and multiply it by:
Step 2 Add together the amounts worked out in step 1A or 1B for each relevant frequency range and round the result to the nearest dollar (an amount ending in 50 cents is to be rounded up).
Step 3The amount of spectrum licence tax payable for the spectrum licence is the greater of:
(a) the amount worked out in step 2; and
(b) $7.
Part 3 Definitions
For the purposes of this Schedule:
area population, for a spectrum licence, means the population of the area covered by the spectrum licence, as reported in the 2016 census.
Australian population means the population of Australia, as reported in the 2016 census.
days, for step 1B, means the number of days in the period:
(a) starting on the last anniversary of the initial holding date for a spectrum licence; and
(b) ending when the licence ends.
relevant frequency range, for a spectrum licence, means a frequency range mentioned in an item in Table 1 which includes some or all of the spectrum covered by the licence.
SL bandwidth, for a relevant frequency range in relation to a spectrum licence, means the actual amount of the spectrum covered by the spectrum licence falling within that range.
total specified spectrum, for a frequency range mentioned in an item in Table 1, means the amount of spectrum specified in that way in the item.
Endnotes
Endnote 1 – About the endnotes
The endnotes provide information about this compilation and the compiled law.
Endnote 2 (Abbreviation key) sets out abbreviations that may be used in the endnotes.
Endnote 3 (Legislation history) provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
Endnote 4 (Amendment history) provides information about the amendments at the provision (generally section or equivalent) level and includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
It also includes information about any misdescribed amendment (that is, an amendment that does not accurately describe the amendment to be made). If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history. If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| ad = added or inserted | rep = repealed |
| am = amended | rs = repealed and substituted |
| amdt = amendment | s = section(s)/subsection(s) |
| c = clause(s) | Sch = Schedule(s) |
| F = Federal Register of Legislation | Sdiv = Subdivision(s) |
| LA = Legislation Act 2003 |
Endnote 3—Legislation history
| Name | Registration | Commencement | Application, saving and transitional provisions |
| Radiocommunications (Spectrum Licence Tax) Determination 2014 | 4 July 2014 (F2014L00957) | 5 July 2014 | |
| Radiocommunications (Spectrum Licence Tax) Amendment Determination 2018 (No. 1) | 6 June 2018 (F2018L00720) | 7 June 2018 | |
| Radiocommunications (Spectrum Licence Tax) Amendment Determination 2018 (No. 2) | 27 July 2018 (F2018L01066) | 28 July 2018 |
Endnote 4—Amendment history
| Provision affected | How affected | |
| s 2………………………………… | rep. LA s 48C | |
| s 3………………………………… | rep. LA s 48D | |
| s 5(1)........................................ | am. No. 1 of 2018 | |
| s 5(2)........................................ | rep. No. 1 of 2018 | |
| Schedule 1 Part 1, Table 1 | rs. No. 1 of 2018; am. No 2 of 2018 | |
| Part 3 | am. No. 1 of 2018 | |
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