EXPLANATORY STATEMENT
Issued by the Authority of the Australian Communications and Media Authority
Radiocommunications (Charges) Amendment
Determination 2006 (No. 1)
Australian Communications and Media Authority Act 2005
Legislative Provisions
Subsection 60(1) of the Australian Communications and Media Authority Act 2005 (the Act) provides that the Australian Communications and Media Authority (ACMA) may, by written instrument, make determinations for fixing charges.
A Determination made under subsection 60(1) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Purpose
The Radiocommunications (Charges) Amendment Determination 2006 (No. 1) amended the Radiocommunications (Charges) Determination 2006 to include charges related to a new licence option, the aeronautical licence (aeronautical assigned system station). This licensing option was introduced by amendments to the Radiocommunications Licence Conditions (Aeronautical Licence) Determination No. 1 of 1997.
Background
Under the Radiocommunications Act 1992, the operation of all radiocommunications transmitting equipment must be licensed. The operation of aeronautical stations is authorised under apparatus licences.
It is government policy to recover the cost of providing services, including the cost of issuing licences. The Radiocommunications (Charges) Amendment Determination 2006 (No.1) established the charges for the issue of the aeronautical licence (aeronautical assigned system station). Related spectrum access taxes were established by amendments to the Radiocommunications (Transmitter Licence Tax) Determination 2003 (No. 2).
Consultation
The additional licensing option was an outcome of a review of licensing arrangements for aircraft and aeronautical radiocommunications services begun under the Australian Communications Authority, a predecessor of ACMA. Public consultation was undertaken and extensive discussions carried out with AirservicesAustralia and the Civil Aviation Authority. Comments received were generally favourable with only a few minor changes suggested.
ACMA consulted the Office of Regulation Review (ORR ID: 7931) who advised that a Regulation Impact Statement was not required for the amendment to the Charges Determination. The changes do not cause any additional cost or restriction to businesses.
The Department of Finance and Administration advised that a Cost Recovery Impact Statement was not required for the changes.
The Radiocommunications (Charges) Amendment Determination 2006 (No. 1) commenced the day after registration.
Details of this determination are set out in Attachment 1.
ATTACHMENT 1
Notes about instrument
1) Section 1 Name of Determination
Section 1 provides for the name of the Determination, the Radiocommunications (Charges) Amendment Determination 2006 (No. 1).
2) Section 2 Commencement
Section 2 provides that the Determination commences the day after registration.
3) Section 3 Amendment of the Radiocommunications (Charges) Determination 2006
Section 3 provides that Schedule 1 amends the Radiocommunications (Charges) Determination 2006
Schedule 1 Amendments
4) Section 4, after the definition of Act
Item [1] inserts a new definition used in the Determination. It defines that aeronautical assigned system station has the same meaning as in the Radiocommunications Licence Conditions (Aeronautical Licence) Determination No. 1 of 1997.
5) Schedule 2, Part 7, after item 7.1
Item [2] inserts the charge for issuing or considering the issue of a licence for the operation of an aeronautical assigned system station. This is the same as the charge for aeronautical assigned stations which are not mobile stations or where coordination procedures are performed by ACMA to minimise interference.