EXPLANATORY STATEMENT
Prepared by the Australian Communications and Media Authority
Radiocommunications (Charges) Amendment Determination 2012 (No. 2)
Australian Communications and Media Authority Act 2005
The Australian Communications and Media Authority (the ACMA) makes the Radiocommunications (Charges) Amendment Determination 2012 (No. 2) under subsection 60(1) of the Australian Communications and Media Authority Act 2005 (the Act).
Background
Subsection 60(1) of the Act relevantly provides that the ACMA may make determinations fixing charges for services provided by the ACMA and any matter in relation to which expenses are incurred by the ACMA under the Radiocommunications Act 1992.
Under the Radiocommunications (Charges) Determination 2007 (the Determination), the ACMA has fixed, among other things, charges for issuing certain types of licences, or considering the issue of such licences without proceeding to issue them.
One of the types of licences to which the Determination relates is a radiodetermination licence. That type of licence is incorrectly described in the Determination as a “radiocommunications determination licence”.
The charge for issuing a radiodetermination licence, or considering the issue of such a licence without proceeding to issue it, is the amount specified at item 6.26 of Part 6 of Schedule 2 to the Determination.
The Australian Government plans to introduce body scanners at all Australian international airports for the purpose of aviation security screening from November 2012. The Aviation Transport Security Amendment (Screening) Bill 2012, which has been passed by the Commonwealth Parliament, will support those arrangements once enacted.
The ACMA will issue radiodetermination licences to authorise the operation of these body scanners for the purposes of the Radiocommunications Act 1992 (the Radcomms Act).
The Radiocommunications (Charges) Amendment Determination 2012 (No. 2) (the Amendment Determination) is being made to fix a charge for issuing a radiodetermination licence that authorises the operation of one or more stations that are body scanners at an Australian international airport for the purpose of aviation security screening (a radiodetermination licence for body scanners), or considering the issue of such a licence without proceeding to issue it.
The charge fixed for issuing other radiodetermination licences, or considering the issue of such licences without proceeding to issue them, is to continue to be the amount specified at item 6.26 of Part 6 of Schedule 2 to the Determination.
Operation of the Amendment Determination
The Amendment Determination will:
- amend item 6.26 in Part 6 of Schedule 2 to the Determination:
- by replacing “radiocommunications determination licence” with “radiodetermination licence” (to correct the description of the type of licence); and
- by carving out from that item’s application the issuing of a radiodetermination licence for body scanners, or considering the issue of such a licence without proceeding to issue it;
- insert an item (item 6.26A) in Part 6 of Schedule 2 to the Determination to fix a charge for issuing a radiodetermination licence for body scanners, or considering the issue of such a licence without proceeding to issue it; and
- insert a definition of “body scanner” as meaning a scanner that is capable of detecting metallic and non-metallic items on a person by using millimetre-wave radio frequency technology.
The amount of charge for issuing or considering the issue of a radiodetermination licence for body scanners will, after the Amendment Determination is made, represent a lesser amount than the amount that would otherwise be payable. The existing charge for issuing or considering the issue of a radiodetermination licence as specified at item 6.26 of Part 6 of Schedule 2 to the Determination is $345 for each frequency assigned, or requested for assignment, for the purpose of transmission. After the Amendment Determination is made, the charge for issuing or considering the issue of a radiodetermination licence for body scanners (as distinct from any other radiodetermination licence) will be $345 for each airport to which the licence relates (irrespective of each frequency assigned or requested for assignment).
This instrument will commence on the day after it is registered.
Purpose of the Amendment Determination
The Amendment Determination will facilitate the Australian Government’s plans to introduce body scanners to further strengthen Australia’s aviation security by ensuring that the charges payable for the issue of radiodetermination licences for body scanners are cost-effective.
Statement of Compatibility with Human Rights
A statement of compatibility with human rights for the purpose of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out in the Attachment.
Consultation
From 23 May 2012 to 6 June 2012, the ACMA consulted publicly on the proposed licensing arrangements for the operation of body scanners at all Australian international airports.
As part of that consultation process, the ACMA released a public discussion paper which proposed that one licence would be issued for each Australian international airport to authorise the operation of a body scanner at that airport for the purposes of the Radcomms Act.
The ACMA also had direct contact with the Department of Infrastructure and Transport on the proposed licensing arrangements and the terms of the Amendment Determination.
The Office of Best Practice Regulation (OBPR) was also consulted and advised that no Regulation Impact Statement was required. The OBPR reference number is ID 13687.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Radiocommunications (Transmitter Licence Tax) 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 amount of tax payable in respect of a licence that relates to a “point to multipoint station (land mobile spectrum)” is calculated in accordance with Part 3 of the Radiocommunications (Transmitter Licence Tax) Determination 2003 (No.2) (the Tax Determination) (see item 301 of the Tax Determination). Paragraph (b) of the definition of “point to multipoint station (land mobile spectrum)” in the Dictionary to the Tax Determination expressly excludes services within those segments of the 500 MHz band that are to revert from spectrum licensing to apparatus licensing on 1 June 2012.
The Legislative Instrument will replace paragraph (b) of the definition of “point to multipoint station (land mobile spectrum)”. The new paragraph (b) will include those segments of the 500 MHz band that are to revert to apparatus licensing. This will ensure that the tax consequences for licences that relate to a point to multipoint station (land mobile spectrum) are consistent across the 400 MHz band and those segments of the 500 MHz band that are to revert to apparatus licensing.
The new paragraph (b) also refers to the newly expanded frequency band 403MHz- 430MHz instead of the formerly described 403- 420 MHz frequency band. This will ensure that the tax consequences for licences that relate to a point to multipoint station (land mobile spectrum) are consistent across the 403-430 frequency band.
Human rights implications