EXPLANATORY STATEMENT
Radiocommunications (Charges) Amendment Determination 2005 (No. 1)
Issued by the Authority of the Australian Communications Authority
Legislative Provisions
This instrument is the Radiocommunications (Charges) Amendment Determination 2005 (No. 1) (the Amendment Determination). It amends the Radiocommunications (Charges) Determination 2003.
Subsection 53(1)(b)(iii) of the Australian Communications Authority Act 1997 (the Act) sets out that the ACA may, by written instrument, make determinations fixing charges for any matter in relation to which expenses are incurred by the ACA under the Radiocommunications Act 1992 and specifying the persons by whom, and times when, charges are payable.
On 2 December 2003, the ACA made the Radiocommunications (Charges) Determination 2003 under section 53 of the Act.
Background
This Amendment Determination is part of a package of measures designed to reform the radiocommunications licence fee regime. The components of the package are:
- Radiocommunications (Transmitter Licence Tax) Amendment Determination 2005 (No. 1);
- Radiocommunications (Receiver Licence Tax) Amendment Determination 2005 (No. 1);
- Radiocommunications (Interpretation) Amendment Determination 2005 (No. 1);
- Radiocommunications (Charges) Amendment Determination 2005 (No. 1); and
- Regulation Impact Statement (RIS).
Purpose and Operation
The purpose of the Amendment Determination is to:
- Set a charge for the first issue of a 900 MHz studio to transmitter link station licence; and
- Set a charge for varying a licence condition of a 900 MHz studio to transmitter link station.
Currently, studio to transmitter link stations are licensed under the ‘point to point station’ option, as defined in the Radiocommunications (Interpretation) Determination 2000. The 900 MHz studio to transmitter link station licensing option has been introduced for the sole purpose of applying an annual taxation amount which is different to that which applies to other point to point station licences. The taxation amount for 900 MHz studio to transmitter link stations is set by the Radiocommunications (Transmitter Licence Tax) Amendment Determination 2005 (No. 1).
Under the Radiocommunications (Charges) Amendment Determination 2005 (No. 1), the charges for the issue or variation of a 900 MHz studio to transmitter link station licence are the same as the corresponding charges for a point to point station licence.
Impact and Effect
The Amendment Determination does not change the charges for studio to transmitter link stations. The Amendment Determination adds references to the new 900 MHz studio to transmitter link station licensing option to the Radiocommunications (Charges) Determination 2003, but sets the charges for this new option at the same level as was previously incurred. The Office of Regulation Review has granted a RIS exemption for the charges component of the fees package (ID 3910).
Consultation
The package of measures to reform the radiocommunications fee regime has been the subject of consultation as set out in the RIS. There has been no specific consultation in relation to the charge amounts. The Amendment Determination is of a machinery nature and does not change the existing charges for 900 MHz studio to transmitter link stations. Changes of this kind do not require consultation under s.18(2)(a) of the Legislative Instruments Act 2003.
The Department of Finance and Administration (DoFA) was consulted with respect to the cost recovery basis of the charges for the first issue of a licence and variation of a licence condition for a 900 MHz studio to transmitter link station. DoFA issued an exemption from the requirement for a cost recovery impact statement.
Detailed Description of the Amendment Determination
Details of the Amendment Determination are in Attachment 1.
ATTACHMENT 1
Notes on the Determination
Section 1—Name of Determination
Section 1 provides that the name of the Amendment Determination is the Radiocommunications (Charges) Amendment Determination 2005 (No. 1).
Section 2—Commencement
This section provides for the commencement of the Amendment Determination on the day after it is registered.
Section 3—Amendment of Radiocommunications (Charges) Determination 2003
This section provides that the Radiocommunications (Charges) Determination 2003 is amended in accordance with Schedule 1 of the Amendment Determination.
Schedule 1—Amendments
Schedule 1 sets out the amendments to the Radiocommunications (Charges) Determination 2003.
Item [1]—Section 13, table 2, after item 2
This item introduces a charge of $135.30 for the licensing option 900 MHz studio to transmitter link station where the applicant has requested a variation of a condition of a licence and the application is not accompanied by a frequency assignment certificate.
Item [2]—Section 13, table 2
This item is a machinery provision arising from the addition of item 2A to section 13, table 2, which adds item 2A to lists where item 2 appears.
Item [3]—Schedule 2, after item 7.8
This item introduces a charge of $389.40 for the licensing option 900 MHz studio to transmitter link station for the issue or consideration of the issue of a licence.