Radiocommunications (Charges) Amendment Determination 2012 (No. 2)

Administered by Department of Communications and the Arts

Legislation au F2012L01821 Not in force Legislative Instrument

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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

Overview

The Radiocommunications (Charges) Amendment Determination 2012 (No. 2) was enacted to address an issue arising from the Radiocommunications (Charges) Determination 2007. Specifically, the term "radiocommunications determination licence" was incorrectly used instead of "radiodetermination licence" in the original determination. This amendment was made by the Australian Communications and Media Authority (ACMA) under subsection 60(1) of the Australian Communications and Media Authority Act 2005. The policy objective of this amendment is to ensure that the charges for issuing radiodetermination licences, particularly those related to the operation of body scanners at Australian international airports for aviation security purposes, are cost-effective and aligned with the Australian Government's plans to enhance aviation security. This amendment facilitates the introduction of body scanners by setting appropriate charges that reflect the specific requirements of these security measures.

Scope and Application

The Radiocommunications (Charges) Amendment Determination 2012 (No. 2) is made by the Australian Communications and Media Authority (ACMA) under the Australian Communications and Media Authority Act 2005. This determination applies to entities requiring radiodetermination licences to operate body scanners for aviation security screening at Australian international airports. The amendment aims to correct a typographical error in the previously established Radiocommunications (Charges) Determination 2007 and to set a specific charge for the issuance of licences for body scanners. The charge for issuing a radiodetermination licence for body scanners will be $345 for each airport, rather than the previously applicable charge per frequency. The Amendment Determination will commence on the day following its registration and applies nationally across Australia. The new charge is intended to be cost-effective while supporting the government’s initiative to enhance aviation security. There are no stated exclusions or exemptions in this determination. The application of the Amendment Determination may be further extended or restricted through subordinate instruments, though none are specified in the explanatory statement.

Key Provisions

The Radiocommunications (Charges) Amendment Determination 2012 (No. 2) is a legislative instrument made by the Australian Communications and Media Authority (ACMA) under the Australian Communications and Media Authority Act 2005. The Amendment Determination primarily amends the Radiocommunications (Charges) Determination 2007 to correct a misdescription of a type of licence and to introduce a specific charge for issuing radiodetermination licences for body scanners used in aviation security screening at Australian international airports (section 60(1)). The Amendment Determination corrects the description of a "radiocommunications determination licence" as a "radiodetermination licence" and introduces a new charge for the issuance of a radiodetermination licence for body scanners, which is $345 for each airport to which the licence relates (item 6.26A). The Amendment Determination imposes specific obligations on the ACMA and entities it governs. The ACMA must charge the specified amount for issuing radiodetermination licences for body scanners, ensuring that the charges are cost-effective and facilitate the government's plans to enhance aviation security (item 6.26A). Entities seeking to operate body scanners at Australian international airports must obtain a radiodetermination licence from the ACMA. The ACMA must also ensure that the definition of "body scanner" is accurately applied, meaning a scanner capable of detecting metallic and non-metallic items on a person using millimetre-wave radio frequency technology. Breaches of the provisions under this Amendment Determination may result in civil or criminal consequences. The Act does not specify penalties for non-compliance with the Amendment Determination. However, general principles of administrative law may apply, where failure to comply with a statutory requirement could result in the nullification of the licence or other administrative penalties. The ACMA is empowered to enforce compliance with the charges and licensing requirements set out in the Amendment Determination. The Amendment Determination also addresses compatibility with human rights, stating that it 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. The ACMA consulted publicly and with relevant stakeholders during the development of the Amendment Determination, ensuring that the legislative changes align with human rights standards.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.