EXPLANATORY STATEMENT
Radiocommunications (Charges) Amendment Determination 2012 (No. 1)
Australian Communications and Media Authority Act 2005
Legislative Provisions
The Radiocommunications (Charges) Amendment Determination 2012 (No. 1) (the Determination) has been made by the Australian Communications and Media Authority (the ACMA) to amend the Radiocommunications (Charges) Determination 2007. The Determination provides updated charges arising from a review of the ACMA’s cost recovery fees and charges.
Subsection 60(1) of the Australian Communications and Media Authority Act 2005 (the ACMA Act) provides that the ACMA may, by written instrument, make determinations fixing charges for services and facilities provided by the ACMA and for any matter in relation to which expenses are incurred by the ACMA under the ACMA Act and the Radiocommunications Act 1992. The charges must not be such as to amount to taxation.
The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Background
The ACMA reviewed its fees and charges as part of a periodic review of its cost recovery arrangements in accordance with the Australian Government’s Cost Recovery Guidelines. The review resulted in updates to a range of existing charges, including charges for services provided by the ACMA under the Radiocommunications Act 1992.
The Determination specifies the charges payable to the ACMA for a range of services provided by the ACMA under the ACMA Act and the Radiocommunications Act 1992.
Regulation Impact
The ACMA has obtained the advice of the Office of Best Practice Regulation that a Regulation Impact Statement is not required for the Determination as the proposal does not have a significant impact on business or the economy (exemption reference ID: 2011/13142). A Cost Recovery Impact Statement has been prepared which outlines the basis for calculating the charges payable.
Consultation
A consultation paper about the review of the ACMA’s cost recovery fees and charges was released for public comment on 9 November 2011. The paper proposed changes to the fees in this Determination. The consultation paper was also published on the ACMA’s website and was provided directly to the major radiocommunications organisations and to a range of industry bodies and associations.
The ACMA received four submissions on the proposed fees and charges. A summary of issues and recommendations arising from the consultation process is provided in the ACMA’s Cost recovery Impact Statement (section 4.2), which can be accessed from the following link:
http://www.acma.gov.au/WEB/STANDARD/pc=PC_312211
The ACMA is satisfied that its consultation process in relation to the Determination was appropriate for the purposes of section 17 of the Legislative Instruments Act 2003.
Commencement of Determination
The Determination commences on 1 July 2012.
Notes on Sections
The provisions of the Determination are described in Attachment 1.
Statement of Compatibility with Human Rights
A statement of compatibility with human rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out in Attachment 2.
Attachment 1
NOTES ON SECTIONS
Section 1 - Name of Determination
Section 1 provides for the citation of the Determination as the Radiocommunications (Charges) Amendment Determination 2012 (No. 1).
Section 2 - Commencement
Section 2 provides that the Determination commences on 1 July 2012.
Section 3 – Amendments to Radiocommunications (Charges) Determination 2007
Section 3 provides that the Radiocommunications (Charges) Determination 2007 is amended in accordance with Schedule 1.
Schedule 1- Amendments
Items [1], [2] and [3] are mechanical provisions which have the effect of changing references to “ACMA” and “ACMA’s” in the Radiocommunications (Charges) Determination 2007 into “the ACMA” and “the ACMA’s”, as the case may be.
Item [4] omits subsection 11(10) of the Radiocommunications (Charges) Determination 2007 and substitutes a new subsection specifying terms of payment for satellite filing, coordination and notification activities. The relevant charges for these activities are set out in new Part 5 of Schedule 2 to the Radiocommunications (Charges) Determination 2007.
Item [5] inserts a new subsection 11(19) specifying terms of payment for data services. The relevant charges for these services are set out in new Part 13 of Schedule 2 to the Radiocommunications (Charges) Determination 2007.
Items [6] – [9] vary Table 2 at section 13 to revise the charges payable for the variation of the conditions of certain licences under section 111 of the Radiocommunications Act 1992.
Items [10] and [11] are mechanical provisions which have the effect of changing a reference to “ACMA” in paragraph 14(2)(a) and subsection 14(3) into “the ACMA”.
Items [12] and [13] vary Table 3 at section 15 to revise the charges payable for certain applications associated with paper based frequency assignment certificates.
Items [14] and [15] vary Table 4 at section 16 to revise the charges payable for an application associated with a frequency assignment certificate lodged over the internet.
Item [16] varies paragraphs 17(2)(a), (b) and (c) to revise the charges payable for processing the payment of an instalment of tax in accordance the election mentioned in paragraph 17(1) (b).
Item [17] omits Schedule 1 of the Radiocommunications (Charges) Determination 2007 and substitutes a new Schedule 1, specifying revised hourly rates and a revised amount of minimum charge.
Item [18] omits Schedule 2 of the Radiocommunications (Charges) Determination 2007 and substitutes a new Schedule 2, specifying revised charges payable under the ACMA Act and the Radiocommunications Act 1992 for services provided by the ACMA and matters in relation to which expenses are incurred by the ACMA. Charges have also been specified for the following new items in Schedule 2:
- satellite filing, coordination and notification activities (Part 5);
- provision of services to trace the location of an emergency position-indicating radio beacon (EPIRB) (item 9.4); and
- provision of certain data services (Part 13).
Attachment 2
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Radiocommunications (Charges) Amendment Determination 2012 (No. 1)
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Radiocommunications (Charges) Amendment Determination 2012 (No. 1) the Determination) has been made by the Australian Communications and Media Authority (the ACMA) to amend the Radiocommunications (Charges) Amendment Determination 2007. The Determination provides updated charges arising from a review of the ACMA’s cost recovery fees and charges.
Subsection 60(1) of the Australian Communications and Media Authority Act 2005 (the ACMA Act) provides that the ACMA may, by written instrument, make determinations fixing charges for services and facilities provided by the ACMA and for any matter in relation to which expenses are incurred by the ACMA under this Act and the Radiocommunications Act 1992. The charges must not be such as to amount to taxation
The ACMA has reviewed its fees and charges as part of a periodic review of its cost recovery arrangements in accordance with the Australian Government’s Cost Recovery Guidelines. The review resulted in updates to a range of existing charges, including charges for services provided by the ACMA under the ACMA Act and the Radiocommunications Act 1992.
The Determination specifies the charges payable to the ACMA for a range of services provided by the ACMA under the ACMA Act and the Radiocommunications Act 1992.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.