Radiocommunications (Charges) Amendment Determination 2005 (No. 1)

Administered by Department of Communications and the Arts

Legislation au F2005L00321 Not in force Legislative Instrument

Select Document

EXPLANATORY STATEMENT

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.

Overview

The Radiocommunications (Charges) Amendment Determination 2005 (No. 1) was enacted to address the need for a specific charge structure for the new 900 MHz studio to transmitter link station licensing option within the radiocommunications fee regime. This amendment was introduced by the Australian Communications Authority (ACA) under the authority granted by subsection 53(1)(b)(iii) of the Australian Communications Authority Act 1997. The overarching policy objective of this amendment is to maintain consistency in the fee structure for both the 900 MHz studio to transmitter link station licensing option and the existing point to point station licences, while ensuring that the charges for the new licensing option are clearly defined and implemented. This amendment ensures that the charges for the initial issuance and variation of a 900 MHz studio to transmitter link station licence align with those of other point to point station licences, thus avoiding any discrepancies in the fee structure.

Scope and Application

The Radiocommunications (Charges) Amendment Determination 2005 (No. 1) applies to entities and individuals involved in the issuance and variation of 900 MHz studio to transmitter link station licences within the scope of the Radiocommunications Act 1992, as overseen by the Australian Communications Authority (ACA). The Amendment Determination ensures that the charges for the first issue of a 900 MHz studio to transmitter link station licence and for varying a licence condition of such a station are set and enforced according to the specified framework. This legislation is applicable nationally across Australia and is intended to align the charges for this specific licensing option with those of other point-to-point station licences. Notably, the Amendment Determination does not introduce new charges but rather updates the existing Radiocommunications (Charges) Determination 2003 to incorporate the new 900 MHz studio to transmitter link station licensing option. There are no stated exclusions or exemptions in this Amendment Determination, and it operates within the legislative framework established by the Australian Communications Authority Act 1997. The determination is a part of a broader package aimed at reforming the radiocommunications licence fee regime.

Key Provisions

The main operative sections of the Radiocommunications (Charges) Amendment Determination 2005 (No. 1) (the Amendment Determination) include Section 2, which specifies the commencement of the Amendment Determination, and Section 3, which amends the Radiocommunications (Charges) Determination 2003. Schedule 1 of the Amendment Determination details the specific amendments made to the 2003 Determination. For example, item [1] under Schedule 1 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] is a machinery provision, and item [3] 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. The obligations and requirements imposed by the Amendment Determination on the parties or entities it governs are primarily related to the payment of specified charges for certain licensing activities. According to Section 3, the Radiocommunications (Charges) Determination 2003 is amended in accordance with Schedule 1, which outlines the new charges. The new charges pertain specifically to the 900 MHz studio to transmitter link station licensing option. For example, if an applicant requests a variation of a condition of a licence for a 900 MHz studio to transmitter link station and the application is not accompanied by a frequency assignment certificate, they must pay a charge of $135.30. Similarly, for the issue or consideration of the issue of a licence for a 900 MHz studio to transmitter link station, a charge of $389.40 must be paid. Any breaches of the provisions of the Amendment Determination can result in various civil or criminal consequences. Although the Amendment Determination does not explicitly state the penalties for non-compliance, penalties for breaches of the Radiocommunications Act 1992 or the Australian Communications Authority Act 1997 could apply. These penalties can include fines and, in some cases, imprisonment, depending on the nature and severity of the breach. The exact penalties would be determined based on the relevant sections of the primary Acts and the specific circumstances of the breach.

Area of Law: Administrative Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Regulatory Standards; Licensing & Registration

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

Legislation content