Overview

The Radiocommunications (Charges) Amendment Determination 2006 (No. 1) was enacted by the Australian Communications and Media Authority (ACMA) under the authority granted by Subsection 60(1) of the Australian Communications and Media Authority Act 2005. This determination was introduced to address a gap in the existing legislative framework regarding the introduction of a new licensing option for aeronautical assigned system stations, which was implemented through amendments to the Radiocommunications Licence Conditions (Aeronautical Licence) Determination No. 1 of 1997. The primary objective of this amendment was to establish the appropriate charges for issuing this new type of licence in line with government policy to recover the costs associated with providing such services. The determination followed extensive consultations with relevant stakeholders, including Airservices Australia and the Civil Aviation Authority, and was deemed not to require a Regulation Impact Statement or a Cost Recovery Impact Statement as it did not impose any additional costs or restrictions on businesses.

Scope and Application

The Radiocommunications (Charges) Amendment Determination 2006 (No. 1) applies to the Australian Communications and Media Authority (ACMA), which is tasked with setting the charges for radiocommunications licences under the Australian Communications and Media Authority Act 2005. This determination specifically addresses the charges related to a new licence option for the operation of aeronautical assigned system stations, which was introduced to accommodate the specific needs of aircraft in managing their radiocommunications equipment. The amendment is designed to ensure that ACMA can recover the costs associated with issuing these new licences, aligning with government policy to cover the costs of service provision. This amendment does not extend to other types of licences or services beyond the aeronautical sector, maintaining a focused scope. The application of this determination is within the Commonwealth jurisdiction, and it does not require any additional cost or restrictions for businesses. The changes made by this determination do not necessitate a Regulation Impact Statement or a Cost Recovery Impact Statement, as confirmed by consultations with the Office of Regulation Review and the Department of Finance and Administration respectively. The amendment came into effect the day after its registration, and its details are outlined in Attachment 1.

Key Provisions

The Radiocommunications (Charges) Amendment Determination 2006 (No. 1) (section 1) amends the Radiocommunications (Charges) Determination 2006 to introduce a new charge for the aeronautical licence, specifically for the operation of an aeronautical assigned system station. This amendment is made to align with the introduction of a new licence option, which was detailed in the Radiocommunications Licence Conditions (Aeronautical Licence) Determination No. 1 of 1997. The purpose of this amendment is to ensure that the charges are established for this new licensing category, thereby facilitating the recovery of costs associated with providing the necessary services for issuing such licences. The determination imposes obligations on the Australian Communications and Media Authority (ACMA) to set and collect charges for the new aeronautical licence option. These charges are intended to cover the costs related to issuing and managing these licences, including the administrative and regulatory processes involved. The amendment requires ACMA to apply the specified charge to any applications for this new type of licence, ensuring that the regulatory framework is updated to accommodate the new licensing category. The determination also outlines the consequences for non-compliance with the stipulated charges. While the text does not specify penalties, it is implied that failure to pay the correct charges could result in regulatory penalties under the Radiocommunications Act 1992, which may include fines or other civil enforcement actions. The imposition of such penalties would be in line with the general regulatory framework governing radiocommunications licensing in Australia. Additionally, the Radiocommunications (Charges) Amendment Determination 2006 (No. 1) establishes the charges for the aeronautical licence, ensuring that the costs of providing and managing these services are recovered. This includes the administrative costs associated with the licensing process and the regulatory oversight necessary to ensure compliance with radiocommunications standards. By setting these charges, the determination aims to maintain a balanced approach to cost recovery while supporting the operational needs of aeronautical radiocommunications.