Explanatory Statement
Issued by the Australian Communications and Media Authority
Radiocommunications (Charges) Amendment Determination 2010 (No.1)
Australian Communications and Media Authority Act 2005
Purpose
The purpose of the Radiocommunications (Charges) Amendment Determination 2010 (No. 1) (the Amendment Determination) is to remove the PMTS Class A and PACTS licensing options from the scope of the Radiocommunications (Charges) Determination 2007 (the Charges Determination).
Legislative Provisions
Subsection 60 (1) of the Australian Communications and Media Authority Act 2005 provides that the ACMA may make determinations fixing charges for services provided by the ACMA and expenses incurred by the ACMA under, inter alia, the Radiocommunications Act 1992.
The Amendment Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (the LIA).
Subsection 33 (3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make an instrument, that power shall, unless the contrary intention appears, be construed as including a power exercisable in a like manner and subject to like conditions, to amend that instrument.
Background
Administrative charges apply to the issue, renewal and coordination of apparatus licences. The ACMA sets out the amount of the administrative charge for each apparatus licence type in the Charges Determination.
References to the PMTS Class A and PACTS apparatus licence options and the relevant charges and information for these licence options will be removed from the Charges Determination.
Operation
The Amendment Determination removes the PMTS Class A and PACTS apparatus licence provisions from the scope of the Charges Determination.
Consultation
Section 17 of the LIA requires the ACMA to be satisfied that any consultation it considers to be appropriate and that is reasonably practicable to undertake has been undertaken. The Amendment Determination, along with a number of other legislative instruments, were included for consultation in a package of regulatory proposals to facilitate the deployment of public mobile telecommunications services in the 2 GHz band.
The package was released on the ACMA website for consultation for the period 6 October to 23 November 2009 and was accompanied by a media release. Four submissions were received in relation to the package. Respondents to the 2 GHz consultation process were supportive of the Amendment Determination.
Regulatory Impact Statement
The ACMA obtained advice from its SES contact officer for the Government’s regulation impact analysis arrangements that the Amendment Determination has no or low impact. For those reasons under the self-assessment regime administered by the Office of Best Practice Regulation (OBPR), the ACMA has determined that there is no need to produce a Business Cost Calculator report or to prepare a Regulation Impact Statement. The ACMA RIS exemption reference number is ACMA 103.
Detailed Description of the Instrument
Details of the Amendment Determination are set out in the Attachment.
ATTACHMENT
NOTES ON SECTIONS
Section 1 – Name of Determination
This section provides the name of the Amendment Determination.
Section 2 – Commencement
This section provides that the Determination commences on the day after it is registered.
Section 3 – Amendment of Radiocommunications (Charges) Determination 2007
This section provides that Schedule 1 amends the Radiocommunications (Charges) Determination 2007.
Schedule 1 Amendments
Item [1] Schedule 2, Part 12, item 12.1
This section removes the PMTS Class A and PACTS licence types and any associated charges from the scope of the Charges Determination.
Overview
The Radiocommunications (Charges) Amendment Determination 2010 (No. 1) was enacted to refine the scope of the Radiocommunications (Charges) Determination 2007 by removing the PMTS Class A and PACTS licensing options. This legislative instrument was introduced to address the need for updating the administrative charges related to radiocommunications apparatus licenses. Enacted under the Australian Communications and Media Authority Act 2005, the policy objective of the Amendment Determination was to streamline the regulatory framework governing radiocommunications charges by eliminating outdated licensing options. This amendment was carried out in consultation with relevant stakeholders, as required by the Legislative Instruments Act 2003, and was found to have no or low regulatory impact according to the Office of Best Practice Regulation's self-assessment regime.
Scope and Application
The Radiocommunications (Charges) Amendment Determination 2010 (No. 1) applies to the administrative charges associated with the issue, renewal, and coordination of apparatus licences under the Radiocommunications Act 1992. This amendment was made by the Australian Communications and Media Authority (ACMA) in accordance with the powers conferred by subsection 60 (1) of the Australian Communications and Media Authority Act 2005. The Amendment Determination specifically removes the PMTS Class A and PACTS licensing options from the scope of the Radiocommunications (Charges) Determination 2007. This legislative instrument is a part of the broader regulatory framework managed by the ACMA and has a national jurisdictional reach as it pertains to the administration of radiocommunications across Australia. The Amendment Determination was subject to consultation requirements under the Legislative Instruments Act 2003 and was released for public comment from 6 October to 23 November 2009, receiving four submissions, all of which supported the amendment. The ACMA determined that the Amendment Determination had no or low regulatory impact, thus exempting it from the requirement to prepare a Regulation Impact Statement.
Key Provisions
The Radiocommunications (Charges) Amendment Determination 2010 (No. 1) (the Amendment Determination) is a legislative instrument that removes the PMTS Class A and PACTS licensing options from the Radiocommunications (Charges) Determination 2007 (the Charges Determination) (section 1). The Amendment Determination is made under the authority provided by subsection 60(1) of the Australian Communications and Media Authority Act 2005, which allows the ACMA to set charges for services and expenses it incurs (subsection 60(1)). The Amendment Determination was made in accordance with the Legislative Instruments Act 2003, and it amends the Charges Determination as specified in Schedule 1 (section 3).
The Amendment Determination imposes obligations on the ACMA to ensure that the Charges Determination no longer includes references to PMTS Class A and PACTS apparatus licence options and the associated charges (Schedule 1, item [1]). This amendment effectively excludes these specific types of licences from the scope of the Charges Determination. The ACMA is required to be satisfied that any appropriate and practicable consultation has been undertaken (section 17 of the Legislative Instruments Act 2003). In this case, the Amendment Determination was part of a package of regulatory proposals released for consultation from 6 October to 23 November 2009, and it received support from the respondents.
For breaches of the provisions set out in the Amendment Determination, there are potential civil and criminal consequences. However, the specific offences, penalties, or consequences are not detailed within the Amendment Determination itself. The ACMA has determined that the Amendment Determination has no or low impact and, as such, did not require a Business Cost Calculator report or a Regulation Impact Statement (ACMA RIS exemption reference number ACMA 103). The exact consequences of non-compliance with the Amendment Determination would be governed by the broader provisions of the Australian Communications and Media Authority Act 2005 and related legislation.