Radiocommunications (Charges) Amendment Determination 2004 (No. 1)
The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Determination under section 53 of the Australian Communications Authority Act 1997.
Dated 27 October 2004 R HORTON Chair A HORSLEY Deputy Chair
Australian Communications Authority
Contents
1 Name of Determination
2 Commencement
3 Amendment of Radiocommunications (Charges) Determination 2003
Schedule 1 Amendments taken to have commenced on 15 January 2004
Schedule 2 Amendments commencing on gazettal
1 Name of Determination
This Determination is the Radiocommunications (Charges) Amendment Determination 2004 (No. 1).
2 Commencement
This Determination commences, or is taken to have commenced, as follows:
(a) on 15 January 2004 — sections 1 to 3 and Schedule 1;
(b) on the date of its notification in the Gazette — Schedule 2.
3 Amendment of Radiocommunications (Charges) Determination 2003
Schedules 1 and 2 amend the Radiocommunications (Charges) Determination 2003.
Schedule 1 Amendments taken to have commenced on 15 January 2004
(section 3)
[1] Schedule 2, item 9.1, column 2
omit
14
insert
60
[2] Schedule 2, item 9.2
omit
Schedule 2 Amendments commencing on gazettal
(section 3)
[1] Subsection 13 (1)
omit
Table 2 for each spectrum access to which the application relates.
insert
Table 2.
[2] Section 13, table 2, item 1, column 3
omit
spectrum access
insert
licence
[3] Section 13, table 2, item 7, column 2, paragraph (c)
substitute
(c) the application for the notice is accompanied by a frequency assignment certificate and is not lodged by an accredited person using the ACA’s Accredited Person Online Submission System
[4] Section 13, table 2, item 8
substitute
8 | If: (a) item 5 does not apply to the application for the notice; and (b) the licensee holds: (i) an aeronautical licence to operate an aeronautical assigned station that is a mobile station; or (ii) a land mobile licence to operate an ambulatory station; and | $80.30 for each spectrum access to which the notice relates |
| (c) the application for the notice is accompanied by a frequency assignment certificate and is lodged by an accredited person using the ACA’s Accredited Person Online Submission System; and (d) in considering the application, the ACA does not perform coordination procedures to minimise interference | |
9 | If: (a) item 1, 2, 3, 4, 5, 6, 7 or 8 does not apply to the application for the notice; and (b) the application for the notice is accompanied by a frequency assignment certificate and is not lodged by an accredited person using the ACA’s Accredited Person Online Submission System | $106.70 for each spectrum access to which the notice relates |
10 | If: (a) item 1, 2, 3, 4, 5, 6, 7, 8 or 9 does not apply to the application for the notice; and (b) the application for the notice is accompanied by a frequency assignment certificate and is lodged by an accredited person using the ACA’s Accredited Person Online Submission System Note for items 7, 8, 9 and 10 The internet address for the ACA’s Accredited Person Online Submission System is http://www.aca.gov.au/apservices/AccreditedPersonsServlet. | $80.30 for each spectrum access to which the notice relates |
Overview
The Radiocommunications (Charges) Amendment Determination 2004 (No. 1) was enacted to amend the Radiocommunications (Charges) Determination 2003. This legislative instrument was created by the Australian Communications Authority (ACA) under section 53 of the Australian Communications Authority Act 1997. The primary aim of this determination was to adjust the fees associated with various radiocommunication services and licences, addressing any discrepancies or gaps in the existing charge structure. The amendments outlined in this determination were designed to ensure the ACA's fee structure remained fair, efficient, and reflective of the costs involved in managing and administering radiocommunication services. The amendments took effect on two different dates, with some changes applying from 15 January 2004 and others from the date of gazette notification.
Scope and Application
The Radiocommunications (Charges) Amendment Determination 2004 (No. 1) applies to entities involved in the application for notices related to spectrum access under the Radiocommunications Act 1992. This includes individuals, businesses, and other entities seeking to access radiocommunications spectrum for various purposes. The amendments primarily affect the fees payable for these applications, with different fee structures depending on factors such as the type of licence held by the applicant and whether the application is lodged by an accredited person using the Australian Communications Authority's (ACA) Accredited Person Online Submission System. The amendments have a Commonwealth jurisdictional reach, as they are made under the Australian Communications Authority Act 1997 and apply across Australia. The Determination includes specific exclusions and thresholds that determine the applicable fees, and the application of these amendments can be further extended or restricted through subordinate instruments as necessary.
Key Provisions
The Radiocommunications (Charges) Amendment Determination 2004 (No. 1) amends the Radiocommunications (Charges) Determination 2003, and introduces specific changes to the fees associated with applications for notices regarding spectrum access. According to section 1, the name of this determination is the Radiocommunications (Charges) Amendment Determination 2004 (No. 1), and it is made under section 53 of the Australian Communications Authority Act 1997. The commencement of this determination is outlined in section 2, with sections 1 to 3 and Schedule 1 coming into effect on 15 January 2004, and Schedule 2 taking effect on the date of its notification in the Gazette.
In terms of obligations and requirements, section 3 of the determination introduces amendments to the Radiocommunications (Charges) Determination 2003. These amendments are primarily concerned with the fees associated with applications for notices regarding spectrum access. Schedule 1 contains amendments that came into effect on 15 January 2004, including a change to the fee for each spectrum access from $14 to $60. Schedule 2, on the other hand, contains amendments that will take effect on the date of its notification in the Gazette. These amendments include changes to the fee structure for different scenarios of applications, such as when the application is accompanied by a frequency assignment certificate, whether it is lodged by an accredited person using the ACA’s Accredited Person Online Submission System, and other conditions related to the application and the licensee.
Breaching the provisions of this determination could lead to civil or criminal consequences. While the determination does not explicitly state the penalties for non-compliance, it is reasonable to infer that breaches could result in fines or other legal actions under the relevant Acts and Regulations. The Australian Communications Authority (ACA) has the authority to enforce compliance with these charges and may take action against parties that fail to adhere to the amended fee structure. The maximum penalties for such breaches would depend on the specific circumstances and the applicable laws at the time of the breach.